City Attorney Silent on Medical Cannabis in San Diego

Hope Unlimited has asked the City Attorney's office to clarify the guidelines for cultivating and possessing medical cannabis in the City of San Diego. Patients are forced deal with San Diego law enforcement officials on a daily basis who have a variety of opinions on the current law regarding medical marijuana. The City Attorney's office has the power to take a public stand for State Law.

Hope Unlimited members have contacted the City Attorney's office over 100 times requesting clarification on what the current guidelines are for growing medical cannabis in the city of San Diego. We have had no response from Mike Aguirre or his staff. His office has been informed that there are over 80 Hope members who are legitimate medical cannabis patients who deserve an answer. They know that many of our members have families need to know they are within the established limits for possession and cultivation of medical cannabis.

If more Hope Unlimited members contact the City Attorney we can make it harder to ignore us!


You can either write an email or give her a phone call. --below find a script to send by email or read to his office.

REMEMBER EVEN A FEW PHONE CALLS or emails MAKES A DIFFERENCE!

Office of the City Attorney
Civic Center Plaza
1200 Third Ave., #1620
San Diego, CA 92101
Phone: (619) 236-6220
TDD/TTY: (619) 702-7198
Fax: (619) 236-7215
E-mail: cityattorney@sandiego.gov


SAMPLE SCRIPT

Mr Aguirre,

Hope Unlimited is a group of patients and caregivers using cannabis for relief of chronic medical
conditions. Our group is concerned with following established guidelines for medical marijuana use. We are seeking
clarification from the City’s Attorney’s office on current policy towards medical marijuana in the City.
Patients and law enforcement officials need clear guidelines for this program to be successful.
We are operating under guidelines established in September of 2003: Adult marijuana patients with the approval of a San
Diego County doctor may keep up to 1 pound of marijuana and grow up to 24 plants. Under the measure,
caregivers can keep up to 2 pounds of marijuana and grow up to 48 plants for as many as four patients. Are
these still acceptable guidelines?

The suit by the County of San Diego to avoid issuing medical marijuana ID cards has now moved to appellate
court. It is our view that this suit has a slim chance of being decided in the County’s favor. What action
can we expect on ID cards from the City/County after this ruling?

Thank you

Americans for Safe Access argues Medical Marijuana case in San Diego

Attorney Joe Elford speaks to San Diego Chapter of ASA

Americans for Safe Access (ASA) attorney Joe Elford was in town Tuesday to argue against the County of San Diego in their attempt to overturn medical marijuana law. A three judge panel heard the case before the crowded courtroom. Elford was joined by Adam Wolfe representing San Diego NORML, (National Organization for the Reform of Marijuana Laws) and Peter Krause California deputy attorney general. The County of San Diego was represented by Thomas D Bunton, who was joined by Alan Green of San Bernardino County.

The case was set in motion on November 1^st 2005 when the San Diego County board of supervisors voted against implementing a medical cannabis identification card program. The measure introduced by supervisor Ron Roberts, failed by a vote of 2-3, with supervisors Bill Horn, Diane Jacob, and Pam Slater-Price voting in opposition. County attorneys warned the supervisors before the vote that challenging the law would be a costly and unwinnable endeavor.

Against the advice of their own lawyers, the County filed suit in Superior Court arguing that federal law prevented them from following state law to issue medical cannabis ID cards. The county quickly lost their case. In November of 2006 Judge William Nevitt wrote in his decision that "Requiring the counties to issue identification cards for the purpose of identifying those whom California chooses not to arrest and prosecute for certain activities involving marijuana use does not create a 'positive conflict,'".

The board of supervisors was not satisfied and appealed the decision on February 22^nd 2007. The first oral arguments were heard in the case on Tuesday, 15 months after the case was filed. Thomas Bunton began the proceedings for San Diego County arguing that “Congress has declared marijuana has no value” and that their goal is to “end the use of marijuana”, “to eradicate it.” He argued that the federal controlled substance act was “designed to stop conduct” and “regulate medical practice”.

After Bunton ended his anti-marijuana speech, Judge Alex McDonald questioned him as to what gave the County the standing to file suit. The judge sought an explanation as to how the ID card program would affect the county. Bunton did not have a direct answer. He responded by asking the judges if California could issue a medical marijuana ID card then why not a card authorizing Californians to assassinate the president? He went on with his imaginary example saying someone could kill the president and claim “The County gave me a card saying it is ok to assassinate the president.”

Bunton’s outrageous arguments were followed by attorney Alan Green for San Bernardino County. Green appeared nervous and spoke with a wavering voice in front of the cameras and overflow crowd. Judge McDonald questioned Green as to why he should listen to his position which is identical to that of Merced County. Merced dropped out of the case after the initial loss in Superior Court and began issuing medical marijuana ID cards.

The appellant’s arguments were countered by State attorney Krause, who contended there was “no federal pre-emption” of California medical marijuana law. He pointed to an earlier precedent setting case in Garden Grove vs Superior Court.

Krause was followed by Joe Elford from ASA who pointed to the patients his organization works with who “benefit tremendously” from medical marijuana and noted that federal and state law “have co-existed for 12 years”. “The federal government does not contend pre-emption” said Elford “the Controlled Substance Act was designed to foster health and welfare.”

Adam Wolfe concluded the arguments, focusing his speech on the American tradition of “state sovereignty.” The judges had few questions for the responding lawyers, and the court was recessed, with a decision expected from the judges in 30 to 90 days.

Representative of San Dieguito Alliance for Drug Free Youth posing as reporter

Those present for the trial spilled out on to the street where a group of news crews were waiting to interview patients Wendy Christakes and William Britt. Britt spoke to the media about how marijuana provided him relief from symptoms of polio and epilepsy. He showed the media his ID card issued in LA County. While speaking he was interrupted by a member of the San Dieguito Alliance for Drug Free Youth (SDADFY) posing as a reporter for the ‘Pomerado News’.

SDADFY is a Del Mar based 501(c)3 non-profit organization whose members routinely speak against medical marijuana at San Diego City and County hearings. The group is funded primarily by government grants. Over the past three years alone the group has received over $1.2 million in government funding. Executive director Judith Strang earns a salary in excess of $50,000 from the organization. She was also on hand at th

e hearing. Her message to the media is that teens use marijuana recreationally because they hear about medical marijuana.

Judith Strang of San Dieguito Alliance for Drug Free Youth

Later in the day attorney Joe Elford addressed a meeting of over 60 ASA supporters in Clairemont. San Diego ASA chair Dion Markgraff introduced Elford to the enthusiastic crowd. Elford spoke for over an hour on the aspects of the trial and his expectations moving forward. Elford fully expects the County of San Diego to continue spending taxpayer money to fight this case. He believes their strategy is to keep appealing their losses all the way to the US Supreme Court.

Elford framed the battle over medical marijuana as a “cultural war”. He related a complaint he heard in court from a city police department who claimed it “would ruin their morale” to enforce medical marijuana laws. Elford was joined at the meeting by California ASA director Don Duncan. Duncan was there to encourage San Diegans to sign up for their DEA raid text alert system.

Sign up for ASA text-alert system

The system was designed in response to DEA raids of medical cannabis dispensaries in California. When a dispensary is raided text messages are sent to ASA members via cell phones so they can respond immediately with a protest at the site. Duncan noted to the groups amusement that the DEA itself is on the list. He predicts that DEA raids will intensify this summer. Federal law enforcement agencies will be seizing as much cash and marijuana as possible as they fear a regime change in Washington will cut their funding and their mandate. Presidential candidate Barack Obama has stated that he will not devote federal resources to fighting states with medical cannabis laws.

Duncan also shared good news from the California Assembly. Two members, Mark Leno of San Francisco and Lori Saldaña of San Diego, have stepped up to draft legislation protecting medical marijuana patients. Saldaña was in town last week speaking to speak to members of Hope Unlimited, a group of San Diego medical cannabis patients who meet in North Park. She discussed a bill she had authored to prohibit state, county, city and local law enforcement from working with federal law enforcement agencies on raids of medical cannabis dispensaries. However, she was not able to get enough votes to pass the measure.

The other measure AB 2279, authored by Mark Leno and co-sponsored by Saldaña would make it illegal for an employer to discriminate against medical cannabis patients. The bill has passed the assembly and is before the senate. Duncan urged ASA members to call their State senators in support of this bill.

Dion Markgraff spoke to the group about two bills before congress this year. One, the Hinchey-Rohrabacher amendment, would prohibit the DEA and the Justice Department from spending taxpayer money to raid, arrest, or prosecute medical marijuana patients and providers in the 12 states where medical marijuana is legal.

Another bill HR5843 ‘Personal Use Act’ was introduced by Representative Barney Frank. It would remove criminal penalties for possession of up to 100 grams of marijuana and the not-for-profit transfer of one ounce. A representative from the Marijuana Policy Project was on hand to ask voters in Brian Bilbray’s district to contact him and ask for his support on medical cannabis bills before congress.

The room was still energetic and standing-room only when the meeting came to a close 2 hours later. ASA Director Don Duncan commented that he had never seen a group this large organize in Los Angeles, a city with dozens of dispensaries currently in operation. He sees the next 6 months as a critical time in the fight to win protections for medical access to marijuana. He urged those present to do all they can in the coming months to support ASA and their rights to medical marijuana.

Lori Saldaña Recognized for her Work on Medical Cannabis Legislation

Lori Saldaña Speaks to Hope Support Group

California Assemblymember Lori Saldaña from San Diego's 76th District attended Hope Unlimited's June 5th meeting. She came to talk about the bills she has been working on in Sacramento. Assembly Bill 2279, which would protect legal medical marijuana patients from losing jobs due to testing positive for THC in employment drug tests, and AB 2743, a measure she introduced which declared state, county, city, and local law enforcement shall not assist with federal raids on medical marijuana facilities.


AB 2279 passed on May 28th by a vote of 41 to 35. The bill made provisions for employers to keep testing programs in place for safety sensitive operations, and the rightto take action against an employee who comes to work impaired. Among those voting against the bill to protect workers was George Plescia of San Diego's 75th District. Mary Salas from Chula Vista's 79 District voted in favor. The bill will now go to the California State Senate. Lori encouraged group members to call their state senators in support of this bill.

The assembly-member went on to talk with the group about the state of medical cannabis in San Diego. She discussed how the lack of unified law enforcement standards creates confusion and distress for patients. In San Diego County an individual could be subject to arrest from the Sheriffs despite following City guidelines, while a neighbor in San Diego Police Department jurisdiction would be safer. She went on to talk about some medical cannabis organizations who approached their County law enforcement, only to have them turn around and inform Federal DEA agents, who initiate raids.

Ms Saldaña likened the right to choose cannabis as medicine with a woman's right to choose in pregnancy. Both issues involve choices made with our bodies and both have been the subject of much government legislation. While not herself a user of medical marijuana she told the group for her the issue is "about people wanting to live pain free, about people trying to get through the day." She encouraged those who are patients to enlist the support of others who are not users of medical cannabis but who care for someone who is.

She went on to speak about patients she knows in San Diego who are growing medical cannabis under the City's guidelines. Despite abiding by City laws, these patients still face the potential threat of federal raids. The threat of having their house and assets seized under federal statues is all to real in California according to Saldaña. But for these people their medicine is such an important part of their life that they would sooner take that risk than stop growing their medicine.

Small home growing operations of 24 plants (48 if you are growing as a caregiver as well) is the only option offered to San Diegans after Federal DEA raids closed all dispensaries in July of 2006. San Diego does have a small number of delivery services. Hardly enough to meet the needs of local patients. Many choose neither of these options and instead drive to Orange or LA County where there are many dispensaries locations to choose from.

She admitted the battle will be tough for medical marijuana as it has many political foes. Marijuana prohibition is a money maker for law enforcement. However, it may be the pharmaceutical industry that has the most to lose politically. The knowledge that a plant you can grow yourself for pennies is more effective for some than an expensive pill is not something they want widely known.

AB 2743 which she authored made it out of committee on votes of 4 to 2 and 9 to 6. However, she did not bring it to vote on the Assembly floor because it did not have enough support. She discussed the recent DEA raids in LA and their timing to coincide with the vote. Members of the Assembly used the story of the DEA raids as an excuse not to vote for her bill. She was staunch in her support of the bill and she has enough experience with the medical cannabis to have stories of her own.

Ms Saldaña made the following comments in the State Assembly in support of the failed bill;

          "Currently, at least five California cities have passed
      resolutions barring their local law enforcement agencies from
      assisting in federal raids and prosecutions of medical marijuana
      patients.  However, a clearly defined statewide policy is
      necessary to better protect qualified patients.  AB 2743
      reinforces the will of voters in passing Proposition 215, by
      declaring that state and local law enforcement agents should not
      cooperate in federal raids or prosecutions of persons covered by
      California's medical marijuana laws."

      "Raids on patients and providers have caused tremendous
      suffering, forcing the seriously ill to fight criminal charges -
      and often spend time in prison - as they battle their illnesses.
      In some areas, safe access to medicine from dispensing
      collectives is virtually nonexistent because of raids."

Lori received a warm welcome from the group who were grateful to have a politician speak honestly and openly about issues facing the medical marijuana community. Aaron Klein, group founder, thanked Ms. Saldaña for her work on the medical cannabis cause and presented her with a framed certificate recognizing her for her efforts. She encouraged those present to continue their organizing and efforts to bring the issue to the City Council agenda. Lori pledged to join the group in writing a letter to Donna Frye requesting support in re-establishing a dialog on safe access to medical marijuana in San Diego.

Election Results

Congratulations to Rudy Reyes who received 20035 votes in his run for County Supervisor. Rudy received up to 42% of the vote in communities like Potrero. Overall his total accounted for 22% of the vote and is the highest number to date for a San Diego candidate advocating medical cannabis.

Stephen Whitburn received 6487 votes, for 29% of the overall vote and will be in a run-off with Todd Gloria, who received 41%, in November.