Medical cannabis cultivator Tom Kikiuchi came home from more than 15 months in federal prison on New Year’s Eve to find a crowd of twenty-five supporters weeping, cheering, and waiving signs in the downtown Los Angeles bus station. The holiday homecoming was an emotional one for Tom’s family and advocates - especially when Tom spoke on the phone to his partner, Stephanie Landa, who is still serving a 41-month sentence for cultivation in a federal work camp in Dublin.

Tom served 37 months for cultivation following a DEA raid at his city-sanctioned medical cannabis garden in San Francisco in 2002.  He was arrested again in 2007 in connection with a garden in the San Fernando Valley. That arrest violated his probation and sent him back to federal prison until last night. Sadly, Tom is not off the hook yet. He still faces charges for the garden in the Valley, and there is a real chance that the 60+ year old patient may go back to jail in 2009.

We hope Tom is home for good, and will celebrate New Year’s next year with Stephanie. But prosecutors are going to do their best to punish him – no matter how absurd that seems at this point. Perhaps District Attorneys and US Attorneys all over the country should use the holiday as a chance to reconsider the wisdom of sending legal patients to jail at a time in history in which safe access to medical cannabis is more widespread and secure than ever before. No ones interest was served by incarcerating Tom twice already. Why do it again?

Tom’s warm homecoming and ongoing plight should also remind us that there are still many decent patients facing prosecution or already in prison. Morro Bay collective operator Charles C. Lynch will have a hearing for a new trial and may face sentencing in January. Virgil Grant and Steel Smith will start their trials soon after. Stephanie Landa, Dustin Costa, Luke Scrarmazzo, and Ricardo Montes are sitting in prison cells this New Year’s Day. And these are just a few of the Americans who are facing criminal charges or serving time because of medical cannabis. Let’s make a New Year’s resolution to redouble our support for those we hope are the last victims of state and federal laws against medical cannabis.

Be sure you are signed up on ASA’s announcement lists and keep an eye on our discussion forums to find out when you can show up in court or write a letter to support patients on trial. Community support meant the world to Tom at the bus station… and you can help make that difference for others victims, too.

(This is a guest blog authored by medical cannabis prisoner Stephanie Landa, who is currently serving a 41-month sentence in federal prison for growing medical cannabis. She was recently placed in solitary confinement after testing positive for medical cannabis use.)

One of the worst aspects of being in solitary confinement is you never know when it will end. Once you‘ve served out the time of your punishment, you cannot leave the “special housing unit” until the prison designates you to a prison within their system.

They don’t start this process until you finish your punishment time. After all, you could die in the hole. Or, more likely, do something stupid and earn more time in solitary, which would mean the designation process would have to be started all over. It can take up to three months as it is.

So you wait and try to be patient, dreading spending the holidays in solitary but dreading more being subjected to diesel therapy, inmate slang for long bus rides during which you are shackled for up to 24 hours at a time. Finally, the hole gets to you and you just want out, you don’t care where they send you.

And you don’t really know what’s going on outside of the cell. Mail arrives a week after it’s sent, unless it’s a holiday and then it’s even longer. Once you finish your punishment time you are allowed one fifteen minute phone call a week. The guard shoves the phone through a hole in the door at floor level.  You huddle on a filthy, icy floor to use it.

Well, unbeknownst to me, a lot was going on outside my tiny cell. When I first went in, my friend Sarah founded the Landa Prison Outreach Program to see if there was anything that could be done for patients once they went inside. The idea was that I would be the test subject, we’d follow my progress through the prison system and see what could be done.

Sarah visited eighteen days the first year I was in, making the long trip from Los Angeles by car each time. She paid a lot of attention to the prison bureaucracy and would question federal prisoners closely once they came out, always looking for the most recent information about prison life.

She was the first friend to learn what had happened to me, my family contacted her right away.  But unlike my friends or family, she knew exactly what I was going to be facing in solitary, federal prisoners had described it to her many times, she’d even seen footage of four inmates trying to live in 4’ X 6’ solitary confinement cells.

To say Sarah went into overdrive, is an understatement of epic proportions. She got ahold of my attorney, Allison Margolin, and when Sarah finished describing what life in the hole would be like for someone who was in severe, chronic pain, my attorney told Sarah, “Leave no stone unturned.”

This meant that if Sarah was unsuccessful in extracting me from solitary, and getting me designated back into the Dublin prison population, Allison would appeal out into open court on my behalf. This was a great kindness, there was no way I could pay Allison for her work.

Secure in the knowledge that my lawyer had her back, Sarah went to work. I could tell she was upset, phrases like: “that just tears it” and “this crosses a line” started to appear in her letters. She wouldn’t promise anything, just asked me to stay out of trouble while she started the delicate process of dealing with the Bureau of Prisons.

I began to get copies of letters she’d sent to the warden, quietly explaining that I was elderly, ill and in chronic pain. The Cc’s often took up half a page, she sent copies to all my counselors and case managers as well as anyone else who might be able to help.

Don Duncan, of Americans for Safe Access, was also on the list of people who were getting copies of these letters. He wrote to the warden on my behalf as well. As Americans for Safe Access has 35,000 members and a fairly famous legal department, his involvement in my case did not go unnoticed by the prison bureaucracy.

The letters were always polite, but they made it clear that I was not alone. Sarah was well versed in my physical and mental state. If they chose to ignore these friendly warnings…

Unbeknownst to both of us, my counselor was not really getting any of these missives, her husband had been murdered and she was on leave. But, I had been an enthusiastic participant in a number of prison programs, and had gotten along well with the counselors who managed those programs. Sarah knew all their names and copied them on all the letters.

Realizing there was no one really overseeing my designation process, several of them, notably Mr. Orla, started looking into my designation.
Mr. Orla came to me one night. He didn’t look happy. I want you to pray tonight, he said, really pray. I didn’t think it would do any good, but I prayed anyway.

The next day, the guards came and told me to “roll it up” I’d been designated! I could leave the SHU and see daylight again. But where was I going? I asked. You’re staying right here with us, they assured me.

I cannot even describe what it was like to come out of that freezing, stinking, cell, and go back into the regular prison. It seemed like I’d shot out of hell and gone straight to paradise.

I was still in jail of course, but for the first time in several months, I was warm. Everywhere I looked things were clean.  I called Sarah twice that day, she was the first person I talked to after my mother and son. “I’m calling because I can!” I shouted. She knew what that meant, it meant I was out of solitary. She just cracked up, laughing and crying at the same time.

Word had apparently gotten around about me. Traditionally you’re not allowed to shop at the prison commissary except on a designated day. The prison orderly who manages the commissary made an exception so the first day I was out I loaded up on everything from clothing to tuna fish. I couldn’t even carry it all back to my bunk, fellow prisoners had to help me drag it back.

For the first time in three months my stomach was full. I could shower and change into clean clothes when ever I wished. I could call home, several times a day if I wanted to. I was warm. For the first time in a long time I saw the sun. These things I, like everyone else, had always taken for granted. But when they are taken away, you never take them for granted again.

Of course, I’m in jail, not visiting Disneyland. Because this is a higher security prison part of the drill is “controlled movement.”  You can move from one area to another if you’re not on lockdown, but the doors that allow you to pass are only unlocked for ten minutes each hour.

I’m having trouble getting used to this, so I get caught places I don’t want to be. And get stuck inside when I want to go outside. I will get used to it eventually.

I am glad to see the sky after three long months, but it’s not guaranteed. We are locked down a lot. There are a great many more fights here than at the camp. The reason for this is you cannot even get into a camp unless you have a demonstrated history of non-violence, both in your crime and your behavior during incarceration.

You can also work your way into camp status by really behaving yourself in a higher security prison. This part of the jail houses people who haven’t developed the ability to behave reasonably enough to qualify for camp status.

The fights are scary and there’s a lot of them. I’ve decided it’s OK to be frightened sometimes. The overcrowding doesn’t help, there were 300 women at the camp, there are over 1,500 here.

When trouble erupts, we are locked into our cells. The cells are ten feet by six feet, and contain bunk beds, a sink, toilet, and four storage lockers. I can touch the bunk bed opposite me when I lay down. When all four of us have to stand up for count, we barely fit.

They had me working in the kitchen, beginning at 5am.  It’s one of the worst jobs in the prison. I don’t know why an elderly woman with only one working arm has been assigned to the kitchen, and the orthopedic surgeon the prison had examine me, agreed.

I am now on what they call “idle” status and don’t have to work in the kitchen or anywhere else, I can just rest and nurse my arm. The surgery is too complex, the prison system has no one who could do it, but they are obviously aware of the problem and have taken what steps they can.

For instance, when I brought the doctor’s note back to the guard station, they immediately took it to the kitchen and told the supervisor I was done. Very unusual, but such a great kindness, because I could immediately cease working in the kitchen, rather than having to wait.

It was only later, when I was able to move around again, that I learned what had happened, the real story as to why I was able to remain at Dublin, instead of being shipped away.

When the staff started looking into my designation, which is done at a central office in Grand Prairie, Texas, they realized that the system was going to designate me to a remote prison.  The combination of overcrowding, lack of movement over the holidays, and the fact there are few female prisons, meant I would have to go clear across the country.

They’d started a round of doctor’s appointments for me, and they had enough results to know I couldn’t make the trip. Sarah hadn’t been lying to them about my physical condition and she’d made it clear it would be unconscionable to move me. If I was injured further while experiencing diesel therapy, there would be legal consequences.

So, I think what they did was lose my paperwork, or find some other mechanism to keep me in the higher security prison at Dublin. The warden himself had assured me they’d do everything possible to keep me. I have to believe that the fact I was designated in thirty days instead of ninety, and ended up here, was the direct result of staff intervention, rather than God’s will.

The Dublin counselors and case managers did everything they could to ensure I wasn’t shipped away.  When they realized how ill I was, they got me out of solitary in one third of the time it usually takes. People must sit in the SHU until they are designated, and that can take up to ninety days.

I’m now at the higher security prison across the street from my old camp. Although my movement is severely restricted, it’s a big improvement over the SHU and warmer and cleaner than the camp.

Best of all, I narrowly escaped an extreme amount of diesel therapy in the middle of winter. The reason Mr. Orla had asked me to pray was he knew the central office had designated me for Tallahassee, Florida, a full continent away from friends and family. He wasn’t sure the Dublin staff would be able to intervene in time.

So, Chanukah came a little early for me this year. I wanted to send everyone who writes to me holiday greetings, but my address book was stored with my other things when I went into solitary and they haven’t returned my property to me yet. So if you haven’t heard from me in awhile, my new address is below.  Drop me a line so I know where to write to you.

Stephanie Landa 09247-800
Dublin FCI Unit A
5701 8th Street - Camp Parks
Dublin, CA 94568

In November, the people of Berkeley, California voted to pass Measure JJ, creating an official city commission of representatives from medical cannabis dispensaries and the patient community. The commission met for the first time today, and the sense among those who sat together in the small room in Berkeley’s city hall was that the meeting was momentous. There was a sense of unique purpose among those who sat through their first meeting as commissioners, shared by those in attendance. It was understood that the agenda of this day would be not just the opening paragraph of a new chapter for the city’s role in regulating dispensaries, but more than that, would be the opening pages of the first volume on the future regulation of safe and open access to medical cannabis across the country. Berkeley knows where it stands; on the white break of a wave of change crashing over this nation. This change is our widespread recognition, as a people and as a society, of cannabis as a medicine that must be available to all it can help.

The commission’s first move, to adopt the By-Laws, was tedious. Moving sentence by sentence across the document that would set its path, questions were raised, conflicts aroused, and scrutiny not withheld on points that would seem trite on their face, but might impact unforeseen decisions. The consensus, true to the sense of historic purpose voiced by the commissioners and evidenced in the choice of the commission’s first Chair and Vice-chair, was that its allegiance was first to the will and to the good of patients; first to the community.

With open disclosure and public oversight, the commission is a new defense of patient access to cannabis against enemies that have tried intently to destroy what 72 million people and 13 US states have built. The defense is not a legal one, but a symbolic one, the loud voice of democracy against the tyranny of the abuse, violence, and aggression of the federal government’s Drug Enforcement Agency.

For years, the DEA has enacted policies, purely political in nature, that have destroyed the lives of our neighbors and deeply scarred the spirit of our nation’s democracy and the will of its founders. In 1996, in a democratic display, the people of the State of California voted for change. In 2003, the Legislature of the State of California affirmed and stood by the will of the voters. And yet since 2000, the DEA, a government agency originally created to protect us, has used guns, destroyed and stolen civilian property, and used aggression and violence to respond to a democratic choice with which it did not agree. This approach, virulently supported by the President of the United States, has fundamentally damaged our democracy, spat on the sacred meaning of the “citizen vote”, and trampled on the federalist principles of our Constitution in a way that runs deeper than an election, is more profound than most understand, and may not be easily healed.

But today, in Berkeley, California, was a new dawn. The DEA continues to raid our people as the lamest of lame-duck presidents quietly slinks out of office, though the incoming president-elect has called for the raids to stop.

Despicable.

And yet quietly in the backdrop, the City of Berkeley Medical Cannabis Commission moves forward to serve as a hybrid system of self and government regulation, a medium for public grievances, a progressive body for new ideas in dispensary and collective models, and one more nail in the coffin of a federal policy that clings desperately to ignorance, lies, and violence, knowing that the sun shines bright with truth, science, and healing right around the corner.

1. Dispensary Bans and Moratoriums Throughout California

A case is being considered by the California 4th Appeals District that will decide whether or not it is illegal for cities to ban medical cannabis dispensaries.  Until we get a ruling in Qualified Patients Association v. Anaheim, and until and unless communities members stand up for their right to access medicine without resorting to the illicit market, moratoriums and bans on dispensaries will continue throughout California.  These restrictions are very often based on baseless information, faulty claims of community nuisance, and a “not in my backyard” attitude which hurts both patients and communities

• Without Deliberation, Oakley City Council Bans Dispensaries - After a year long moratorium, the Oakley City Council banned medical cannabis dispensaries this week, without deliberation and without opposition from the public.  City Attorney Allison Barrett-Green claimed that dispensaries had a negative impact on communities, bringing crime and increasing recreational marijuana use.   Reports have shown that, in many cases dispensaries decrease crime in an area due to personal security of the establishments, and no data of any kind has ever demonstrated an increase in recreational use due to dispensaries.

• Desert Hot Springs Planning Commission Recommends Banning Dispensaries - The Planning Commission voted 3-2 on Tuesday to ban medical cannabis dispensaries.  The City Council is expected to take the issue up itself in the near future.  Those in Desert Hot Springs who may be impacted by such a ban should keep close watch on upcoming city council agendas, at www.desert-hot-springs.us

• Yucca Valley Town Council Passes 45-Day Dispensary Moratorium - The moratorium on medical cannabis dispensing collectives was enacted to prohibit dispensaries from opening while the city looks into the matter.  After 45 days, the city can extend the moratorium for 10 months, and after that for 1 year.  For the foreseeable future the, moratorium is expected to be in place.  Community members should begin organizing now to assert the need for dispensaries in Yucca Valley, the lack of evidence demonstrating harms to communities, and the available evidence demonstrating benefits.

• Morro Bay City Council Puts off Moratorium Decision - At the site of national media story of Charles Lynch, who’s dispensary was raided by DEA last year, even though it had the blessing of local officials - the city council is considering a moratorium  on the facilities.  Though the city directed staff to compile a report on the dispensaries, it looks as though the Sheriff who, out of an inexplicable personal vendetta against an unsuspecting Charles Lynch, called in DEA to shut down the legal, well-run, and model dispensing collective, may get his way by the City’s action.  It is absolutely imperative that Morro Bay citizens contact their city council members to weigh in on the potential moratorium.

Vallejo Raids, DEA Aggression Continues Despite Executive Change

On Wednesday, the Vallejo Patients Cooperative at 320 Mini Dr. was raided by a coalition of DEA agents, Vallejo police and Solano County Sheriff’s deputies.  No arrests were made in the raid of the facility, a likely indicator that the dispensing collective itself was engaged in no illegal activity, but was rather the target of bullying, intimidation, and abuse by local and federal authorities.

Often, arrests occur at dispensaries in cases that the federal government wants to pursue.  The vast majority of these turn out to be individuals operating in complete compliance with California law.  The fact that there are no arrests in a raid means that it is likely that no charges against dispensary operators would hold up in court.
A recent article in the District Weekly, out of Long Beach, demonstrated how DEA and local police actively seek out complaints from dispensaries, don’t verify the validity or sources of those complaints, yet break into dispensaries to destroy personal property, seize medicine, point assault rifles at innocent US citizens, well beyond even the scope of the warrants they obtain, all justified by less than half a dozen complaints, most of which were from the same person with a questionable mental state.

DEA raids have continued in the period since the November 4th presidential election, despite an outgoing and lame-duck Bush Administration, and a clearly stated Obama position opposed to the raids. ASA will be monitoring DEA action especially closely, and any raid activity conducted after the January 20th inauguration will be met with a strong response by ASA and medical cannabis activists.

Humboldt Supervisors Weigh in on Environmental Impact of Cannabis Growth

This week, Humboldt County Supervisors heard statements by concerned citizens about the environmental impact of indoor medical cannabis grows within the county.   At the meeting, some pointed out that the grows require 24 hour use of diesel generators that are often poorly maintained, leading to diesel spills into the groundwater, and improper and hazardous disposal of waste oil.  Also brought up was the danger of rural fires, which local fire department officials claim can result from improper use of the generators.

Potential solutions at the meeting included the consensus that the type of education necessary to properly run diesel generators to maintain a safe indoor medical cannabis grow should come from the County itself, in the form of a brochure or other educational materials. The literature would advise landowners on the proper way to set up and maintain the diesel tanks and generators to avoid hazardous contamination and how to deal with spills.

Another suggestion was the possibility of fuel tank registration, though County Environmental Health Director Brian Cox question the enforceability of such a requirement.  But in the end, the Board opted not to take action, but to defer a decision on environmental impact and regulation for another time.

San Luis Obispo Patient Receives 21 Days in Jail Before Case Dismissed

Former drug and alcohol counselor Richard Steenken, who uses medical cannabis legally to treat a medical condition, had all licenses and documentation asserting his legality under California law, yet was arrested by San Luis Obispo Sheriff’s Department and spent 21 days in jail before his case was thrown out by a judge.

San Luis Obispo Sheriff Patrick Hedges gained notoriety in part for calling DEA on dispensary operator Charles Lynch in a raid that made national headlines due to the personal vendetta that spurred the DEA call.  Lynch, who will be sentenced in early January, now potentially faces 100 years in federal prison due to the action by Sheriff Hedges.

Hedges’s deputies dedicated many hours of investigation to ultimately serve a warrant on Steenken without ever bothering to check if he was legally recognized by the county. Sheriff Sgt. Rick Neufeld said that step would generally be part of an investigation, but couldn’t say why it wasn’t done in this case.  When Steenken gave them his county issued ID card, the police didn’t bother to verify it, which could have been done easily over the internet.  The also disregarded Steenken’s doctor’s recommendation because it was over a year old.  There is no legal requirement or statute at any level of government that says doctors’ recommendations expire after 1 year.

The case was finally dropped after the city attorney called Steenken’s doctor to confirm he was a patient, after he had already spent 21 days in jail.  Steenken had 43 small plants, each less than 8 inches, 53 grams of dry cannabis, and a small amount of concentrated cannabis.  All will be returned to him thanks to ASA’s victory in Garden Grove

1. US Supreme Court Action Affirms ASA Legal Victory and State Medical Cannabis Laws

When California qualified medical cannabis patient and ASA client Felix Kha was arrested for possessing 3/8’s of an ounce of cannabis for which he was legally allowed to possess, he couldn’t imagine the impact his effort to get his medicine returned would eventually have.  Yet, on December 1st, the United States Supreme Court refused to review the case from the 4th Appellate District of California, which ordered the City of Garden Grove to return the cannabis wrongfully seized from Mr. Kha.  The implications of this success by ASA’s legal team are profound: it is a solid affirmation that when states pass medical cannabis laws, as 13 have now done, police are required to abide by them, regardless of their desire to arrest and threaten patients who have done nothing wrong.

ASA receives reports from across the country of law enforcement that choose to take the law into their own hands.  Many police abide by the laws the are sworn to follow, but many others are simply uneducated about the law and their responsibility under it, abusing their power to arrest innocent citizens with serious illnesses.  Some, including Chiefs of Police and elected County Sheriffs, are so ideologically opposed to the laws they are required by law to protect, they do not even recognize the laws exist.  On November 28, 2007, the California Appeals Court shot back with a ruling that stated “it is not the job of the local police to enforce the federal drug laws.”

“It’s now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law,” said ASA’s Chief Counsel Joe Elford, who represented Felix Kha in a case that Garden Grove appealed to the U.S. Supreme Court. “Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state.”

The California Attorney General issued a brief in support of Kha at the Appeals Court level, which affirmed Kha’s right to return of his medicine. The fact that the US Supreme Court felt no need to review the case helps to pave the way for progress in medical cannabis states across the country.  ASA’s victory here was truly far reaching.

2. Despite Supreme Court Action, DEA Raids LA Dispensaries

The day after the US Supreme Court refused to review a case challenging California’s medical cannabis law, the DEA raided at least 3 Los Angeles area dispensaries. Liberty Bell Temple, Medical Cannabis Association, and the North East Collective were all raided by federal agents in what has been a string of raids occurring during the transition period between a November 4th Obama election and the January 20th inauguration.

ASA had received reports of one arrest during the raids, but no charges have been brought.  Agents seized legal cannabis and funds belonging to the cooperatives, and may have destroyed civilian property - making the raids seem more like bully scare tactics and threats by our federal government on innocent citizens than an effort intended to have any real impact on illegal drug distribution. There had been much speculation about what actions, if any, DEA would take during this transition period, especially given the repeated statements from President-elect Barack Obama that he would end DEA raids in California, referring to them as a wasteful use of resources.

It is critical that all of you take action in response, stressing to President-elect Obama not only the problems caused by raids, but also the need for oversight and accountability of DEA, which for 8 years has had a free pass by the Bush Administration not only to undermine the values of the US Constitution,  but also to threaten innocent US citizens with guns, violence, and decades in federal prison with frightening policies more attributable to that of a fascist government than of a democratic society.

Fresno County finally began issuing patient ID cards this week, as required under California’s Senate Bill 420, passed over 4 years ago.  It is the result of a long fought effort by ASA staff in litigation, the Fresno ASA chapter, and other advocates, including MPP’s Aaron Smith.  Finally, people living with illness who are legally qualified to use cannabis under California law can hold a state-issued ID card to show police in case of law enforcement stops.  Until just a few months ago, the county had refused to issue the ID cards that would protect the sick from unnecessary arrest.

ASA activists Diana Kirby and Dana Bobbit played a critical role in convincing county supervisors to implement the program.  But in the end the most important catalyst may have been the passing of ASA activist Dawn Nolan.  Dawn’s cannabis was taken by hospital security during a critical health emergency. They refused to return it at a point when her life hung in the balance because Dawn had no state-issued ID card, not knowing that, after 4 years, the county still refused to issue them.  Distraught over the loss of their close friend, ASA activists approached County Supervisors, furious that, had they simply implemented a law that was intended to help patients in that very situation, and which they were required by law to implement, Dawn might still be alive that day.  Only then did the supervisors vote to implement the program.

Recently, in a case propagated by San Diego County, the Fourth Appeals Court in California affirmed that California counties must abide by the law and implement the state ID card program.  ASA sent letters to all counties in the state who still haven’t implemented, threatening litigation if they did not comply. This led directly to a number of positive county decisions.  However, not everyone saw the light, and ASA is currently seriously considering litigation against one of the hold-outs.

All Fresno residents interested in applying for the Fresno ID card should visit the County Department of Public Health website.

It took more than three years to get a final decision whther the Garden Grove police had to return approximately three ounces of marijuna that was wrongfully seized from Felix Kha in 2005.  After we achieved a published opinion giving us a full victory before the Califorina Court of Appeal for the Fourth Appellate District last year, the City of Garden Grove, with the assistance of law enforcement, pressed on with the expectation that a higher court would reverse.  No such luck for them.  Both the California Supreme Court and, yesterday, the United States Supreme Court denied review.  This has put an end to a case over the return of a three-eighths of marijuana, and, more importantly, should stop cops from seizing medical marijuana.  This case is our biggest legal victory to date — and paves the way for others.

Federal Judge Oliver Wanger sentenced Luke Scarmazzo to nearly 22 years and co-defendant Ricardo Ruiz Montes to 20 years in prison last week for their roles in operating a medical cannabis facility in Modesto. Both men were convicted in May, after prosecutors used a hip-hop music video recorded by Scarmazzo to defame and persecute the defendants, who were providing medical marijuana to patients in an underserved area of the state.

Regardless of the imprudence of recording a confrontational video, which demonizes the DEA and its war on medical marijuana, the conviction and sentencing of the two medical marijuana providers was entirely inappropriate and uncalled for. In fact, the two young men, both in their twenties, received unprecedented sentences in a medical marijuana case. Raising the ire of local and federal law enforcement and provoking sensationalized media coverage in no way justifies putting Scarmazzo and Montes in prison for far longer than many violent offenders.

Local police, the DEA, and Judge Wagner made examples of Scarmazzo and Montes – and that should be of grave concern to other federal defendants currently awaiting sentencing. For example, the lengthy sentences of Scarmazzo and Montes will surely influence the February 23rd sentencing of controversial medical marijuana cultivator Eddy Lepp and the January 12th sentencing of licensed dispensary operator Charles C. Lynch, whose arrest and prosecution was also the result of a conspiracy between local and federal law enforcement.

Medical cannabis advocates are justifiably optimistic about the opportunity for change given the new presidential administration and the shift in Congress. President-elect Obama has a rare opportunity to correct this miscarriage of justice and a reinvigorated Congress has the ability to implement a sensible and compassionate federal policy. In the weeks and months ahead, we must not forget those federal defendants and prisoners who have been victimized by an antiquated medical marijuana policy. But we must also look to the future and begin to aid our government in crafting the best possible solution for the hundreds of thousands of medical marijuana patients in the U.S.

ASA recently published a set of policy recommendations for President-elect Obama that call for fundamental changes in the way the U.S. Department of Justice enforces laws against medical cannabis patients and providers. ASA is calling for an end to medical cannabis raids by the DEA And working toward an affirmative medical cannabis defense in federal court, addressing the current inability of defendants to talk about their medical use or the legality of their actions under state law. ASA is also calling on President-elect Obama to pardon those medical cannabis patients and providers currently serving time in federal prison.

I am confident that we will soon succeed in harmonizing federal law with the laws of the thirteen states that sanction medical cannabis use, and expanding protection for all Americans who use cannabis as medicine. In the meantime, we must not forget those medical cannabis providers who have taken bold steps to advance this movement and come to the aid of patients in need, but who are made to be martyrs for a federal policy that is out of step with the will of the people. As an initial step, we must recognize this inconsistency by ending federal raids and prosecutions, and by allowing those medical cannabis patients and providers currently in prison to come home.

Today, Rep. Henry Waxman (D-Calif.) was elected to succeed Rep. John Dingell (D-Mich.) as chairman of the Energy and Commerce Committee. The Committee serves as the principal guide for the House of Representatives in matters relating to the promotion of commerce and to the public’s health and marketplace interests. This is a milestone for medical cannabis advocates precisely because of the Committee has jurisdiction over health issues.

ASA has worked with Rep. Henry Waxman (D-Calif) over the years. Chairman-elect Waxman supports medical cannabis and is genuinely interested in working to change federal law policy to meet the immediate needs of individuals authorized to use cannabis for therapeutic purposes, the people who provide them with care, and scientific research. Below is the letter ASA sent to Chairman Waxman’s office today:

On behalf of Americans for Safe Access (ASA) and our members in California, I wanted to be among the first (and many) to extend my sincere congratulations to Chairman Waxman and his distinguished staff on his election by the Democratic Caucus to become the next Chairman of the House Energy and Commerce Committee. ASA welcomes the selection of Chairman-elect Waxman; I look forward to a follow-up meeting to discuss and review our policy priorities for the 111th Congress.

As we have discussed previously, the past three decades has yielded an explosion of international research to investigate the therapeutic value of cannabis (marijuana). In the United States, research is stalled, and in some cases blocked, by a complicated federal approval process and restricted access to research-grade cannabis. Meanwhile, research teams in Great Britain, Spain, Italy, Israel, and elsewhere have confirmed – through case studies, basic research, pre-clinical, and clinical investigations – the medical value of cannabis.

A scientific consensus now supports the therapeutic use of cannabis to control symptoms of serious and chronic illness. In the past decade, clinical research has clearly demonstrated that the use of cannabis, and its constituents, can safely and effectively treat symptoms of serious and chronic illness like nausea and vomiting, loss of appetite, pain and spasticity. Indeed, a growing body of literature suggests that cannabis may hold the key to unlocking an array of treatments for HIV/AIDS, Multiple Sclerosis, and even cancer.

Yesterday, at the Society for Neuroscience meeting in Washington, D.C., researchers from Ohio State University presented research findings which suggest that the more research they do, the more evidence scientists find that specific elements of cannabis can be good for the aging brain by reducing inflammation and possibly even stimulating the formation of new brain cells. When asked about whether the research indicated that smoking cannabis could prevent Alzheimer’s disease, one of the principle investigators replied, “We’re not saying that, but it might actually work. What we are saying is it appears that a safe, legal substance that mimics those important properties of marijuana can work on receptors in the brain to prevent memory impairments in aging. So that’s really hopeful.” For more on this research, see http://www.physorg.com/news146320102.html.

Presently, thirteen states — beginning with California and including the recent addition of Michigan — have passed laws which permit individuals living with a serious or chronic illness to use and obtain cannabis from authorized caregivers as recommended by a licensed physician without legal sanction. However, these state laws differ from the federal law and leave patients and their providers vulnerable to federal raids, arrest, and prosecution.

The time for change is now; Congressional leadership requires a focus on harmonizing the conflict between federal and state law and support for a comprehensive plan to ensure safe access for individuals who use cannabis to control symptoms of HIV/AIDS, cancer, Multiple Sclerosis, and other serious or chronic diseases. The science and policy regarding the medical use of cannabis should not be obscured or hindered by the debate surrounding the legalization of marijuana for general use. Scientific consensus coupled with state leadership has provided a solid foundation for federal policymakers to create a comprehensive plan to support long-term solutions for safe and legal access to cannabis for therapeutic use and research.

Chairman Waxman’s previous and ongoing support for medical cannabis underscores his willingness to seek out comprehensive solutions that will protect the rights of individuals qualified to use medical cannabis and advance safe access. We look forward to working with the Chairman-elect throughout the 111th Congress to support long-term solutions for safe and legal access to cannabis for therapeutic use and programs that advance scientific research.

Over the years, ASA has seen an alarming number of cases where the DMV has revoked driver’s licenses from medical marijuana patients, simply because they are patients.  The authority they cite involves a statute allowing for the revocation of a driver’s license to habitual drug users whose addiction renders them unable to operate a motor vehicle safely.  Using marijuana for medical use does not automatically mean this; otherwise, all patients and, for that matter, prescription drug users would not be able to drive.

Here, the DMV picked on the wrong person.  Rose Johnson is 53-years-old and has never caused an accident in more than 37 years of driving.  She has been deemed an “excellent driver” by the DMV, yet it took away her driver’s license because her medical records reveled that she was a medical marijuana patient.  Ms. Johnson had done nothing wrong and was targeted by the DMV simply because she was slow coming to the desk to get a routine license renewal and, because she was not wearing her glasses, had difficulty finding the line where she was supposed to sign.

Today, ASA filed a writ against the DMV to have Ms. Johnson’s license reinstated.  Also, to prevent this from happening to other medical marijuana patients, ASA is seeking a change in policy by the DMV.

1. 3rd & Last Unincorporated Alameda Co. Dispensary Raided by DEA

On Thursday in unincorporated Alameda County, the last of the permitted medical cannabis dispensaries , Garden of Eden, was raided by DEA. This weeks raid  follows a raid of We Are Hemp on October 8th, and last year’s raid on Compassionate Collective of Alameda County (CCAC), whose operators have been indicted on federal charges.   Alameda County Supervisors granted 3 permits to dispensaries, and though cities in the area are permitting the collectives, there are now none operating to serve those who live in the unincorporated areas of the East and South Bay Area.

All dispensaries in unincorporated Alameda were under the jurisdiction of Sheriff Ahern, who is a vocal opponent of medical cannabis.   Garden of Eden had closed after the October 8th raid on We Are Hemp, worried that they would be next.  However, after the Obama victory in the November 4th presidential election, they decided to open.  President-elect Obama has stated that he will end DEA raids of medical cannabis collectives in California.  GoE was in communication with Sheriff Ahern’s office on Wednesday night, informing them that they were opening on Thursday, and welcoming the Sheriff to come down and inspect the site.  The next day, the DEA arrived and ransacked the collective, destroying property and seizing money and legal cannabis.

At an October meeting of the Alameda County Ad Hoc Medical Marijuana Advisory Committee, community members expressed outrage over the October 8th raid of a collective that had been an established community presence for over 9 years.  Representatives from the  Sheriff’s office responded by saying, "despite our best intentions to work with [dispensaries], we have no authority over DEA - they’ll do whatever they want."  Some community activists have expressed concern that the Sheriff may have been complicit in the raids.

Though no arrests were made, DEA threatened Garden of Eden that they would return, and there would be federal prosecution if they were to reopen.  All advocates in the Bay Area should be ready to come down to take action as this crisis moves forward.

2. Seal Beach Bans Medical Cannabis Dispensaries

The Seal Beach City Council voted on Monday night to become the latest city in Orange County to ban medical cannabis dispensaries.  Orange County is noted as a hotbed of opposition to dispensaries, though Laguna Beach recently became the first in the county to enact regulations that would allow for the dispensing collectives.

Though ASA has seen an overall growing trend in cities passing ordinances to regulate dispensaries and allow for safe access of cannabis to qualified patients, rather than outright bans, the question of whether or not cities can legally ban dispensaries is still up for consideration.  It is being decided by the 4th Appeals Court in Qualified Patients Association v. Anaheim , for which ASA recently submit an Amicus Curae (Friend of the Court) brief, arguing that city bans on dispensaries is not allowed under California Proposition 215, SB 420 , and the recently issued dispensary guidelines issued by California Attorney General Jerry Brown. All statutes enacted at the state level allow for dispensaries.

The City Council of Alameda (not to be confused with Alameda County) voted last week to enact a 45-day moratorium on medical cannabis dispensaries. The City Council came together to address the issue on November 6th, where city staff requested 12-18 months to study the current and potential impact of the one operating dispensary on the community.

The Purple Elephant Collective, which has been operating since July, has been working to develop a positive working relationship with city officials and the community.  The moratorium came in part in response to requests from others for operating permits.  Because the city lacks regulations, council members voted unanimously to put a hold on dispensaries in order to further address the issue.

Several patients spoke out in support of the Purple Elephant at the Council Meeting. Alameda resident Isao Taguchi said, "Getting safe access [to cannabis] is sometimes difficult. This [place] provides safe access without fear of personal harm."