Medical Marijuana Advocacy Group Sues Fresno

Medical Marijuana Advocacy Group Sues Fresno
Posted by CN Staff on April 26, 2005 at 06:54:19 PT
By Tonya Alanez, Times Staff Writer
Source: Los Angeles Times
Calif. -- Medical marijuana advocates sued the city of Fresno on Monday, hoping to overturn what they called unreasonable restrictions on medical marijuana dispensaries.Americans for Safe Access, an Oakland-based nonprofit group, and William McPike, an attorney, caregiver and qualified medical marijuana patient, filed the complaint in Superior Court in Fresno.
They contend that what they refer to as a "ban" unlawfully deprives qualified medical marijuana patients the medicine allowed them under California state law.In 1996, California voters passed Proposition 215, which legalized the use of marijuana for medical treatment. Since then, cannabis clubs have opened in many parts of the state to distribute the drug. Many cities have instituted moratoriums on such clubs; three others have banned them.Under a Fresno ordinance approved Oct. 26, 2004, a dispensary cannot distribute pot to more than two people."It's not a ban," said city spokesman Ken Shockley. "The city law is clear that, in the city of Fresno, a dispensary is limited to providing for two patients. If his position is that he cannot dispense medical marijuana in the city of Fresno, that simply is not true."Snipped:Complete Article: Los Angeles Times (CA) Author: Tonya Alanez, Times Staff WriterPublished: April 26, 2005Copyright: 2005 Los Angeles TimesContact: letters latimes.comWebsite: For Safe Access Medical Marijuana Archives
Home Comment Email Register Recent Comments Help

Comment #27 posted by FoM on April 27, 2005 at 12:59:32 PT
ASA: Update: California's Campaign for Safe Access
ASA: Update: California's Campaign for Safe Access: with LA Times and Fresno Bee Articles April 27, 2005California’s Campaign for Safe Access: From City Hall Hearings to LawsuitsAmericans for Safe Access’ mission is to ensure SAFE and LEGAL access to medical marijuana for all those who benefit from it. ASA supports and advocates for ALL systems that make our mission a reality: caregivers, collective grow projects, cooperative grow projects, cooperative distribution groups, and dispensing collectives/dispensaries.When my doctor recommended I start using medical marijuana to replace pain medications that were causing kidney failure in 2001, I did not really know where to find it and I did not know any other patients. I was living in San Diego at the time. I called all the people I remembered seeing use marijuana at parties and everyone I could remember talking about it. Obviously their supplies were not enough so I was passed on to dealers and their suppliers. This worked out some of the time, but I had countless experiences of no one returning my calls, supply issues, and worst of all unsafe experiences with dealers. I tried to grow and it was a mess; small living space, mold, bugs, etc. Then a friend in the Bay Area told me about the dispensary system in the North. I learned more about medical marijuana at my first visit to a dispensary than I ever thought I would know, everything from different strains to delivery systems. After only one visit, I knew I had to be closer to this access. Three months later, I moved to the Bay Area.The cooperative model and even the simple caregiver model do not meet the needs of all patients. It was not the intention of the CUA to define which “class” of patients that should benefit from medical marijuana; for example only those who can grow, know someone who grows, have space to grow, get accepted into program etc.The Compassionate Use Act (CUA) of 1996, called on both the State and the Federal Government to find a distribution model that would allow safe and legal access. In 2003, the State of California, through SB 420 attempted to answer that call. The bill was meant to clarify the CUA and included provisions concerning distribution, growing, ID card systems, transportation, and maintaining a facility where marijuana is grown and/or distributed.As we all know the CUA and SB 420’s implementation in California has happened through the hard work of activists around the state, ally representatives, and the courts. ASA has created the “California Campaign for Safe Access” in response to the “moratorium” phenomenon. This campaign includes monitoring cities and counties with moratoriums for public hearings, providing materials to activists and policy makers, and using the courts to bring suits in areas where bad policies have been set.On April 25, 2005 ASA filed a lawsuit to challenge Fresno's permanent ban on medical marijuana dispensaries (see LA Times and Fresno Bee Articles below). This lawsuit is in response to the proliferation of moratoriums occurring across California. While most are temporary bans, enacted while municipalities develop policies allowing for dispensing, four cities (Fresno, Rocklin, Yuba City, and San Rafael) have permanently banned dispensing of medical marijuana. This lawsuit was filed not only to legally challenge the city but also as a tactic to prevent a snowball effect of bans across the state, especially in the event of a negative ruling in the Supreme Court. Copy of lawsuit: part of the “California Campaign for Safe Access ” , ASA has created a tool kit for activists, policy makers, and the general public to make sensible guidelines for their cities and countiesSee: includes a sample ordinance for the regulation of dispensing collectives, ASA’s Position Paper on the law, letters from supportive representatives, FAQ sheets, and a collection of supporting studies that can be downloaded from our website.Please check out our report on moratoriums around the state at you live in one of these cities or counties please contact Rebecca Saltzman rebecca or call at 888-929-4367 ASAP to get involved with the campaign. We need supporters in these districts to help make phone calls, attend hearings, and organize!WE ARE WINNING! Everyday we are moving closer to safe and legal access to medical marijuana!Thank you!Steph Sherer Executive Director Americans for Safe AccessWe need your help to continue this work. Please renew you commitment to patients' rights to access medical marijuana by making a tax-deductible donation to Americans for Safe Access. Make checks payable to ASA-SEE and send to 1322 Webster St Suite 208 Oakland, CA 94612 or donate on line at:
[ Post Comment ]

Comment #26 posted by Hope on April 27, 2005 at 08:47:18 PT
Tandy's Tale
DEA has made a press release of it to the general media.
[ Post Comment ]

Comment #25 posted by FoM on April 27, 2005 at 08:11:50 PT
Portion of Article from The San Mateo County Times
Judge Says Pot Laws Should Go Up in SmokeApril 27, 2005Justin Jouvenal, Staff WriterAre the state's pot laws resulting in more green being burned? San Mateo County Superior Court Judge Quentin Kopp thinks so. And that's money he's talking about, not marijuana. Kopp is urging state legislators to pass a bill that would revamp the way those arrested for the first time for possessing a small amount of marijuana are charged. Currently, the state often has to pay for costly jury trials and public defenders for those charged with such misdemeanors. Incredibly, Kopp said California taxpayers have shelled out tens of millions of dollars in the past 25 years to prosecute these small-time drug offenders — talk about up in smoke. Kopp wants to change the law so that those arrested for the first time with an ounce or less of marijuana may only face an infraction,  similar to a speeding ticket. Kopp said his position has nothing to do with his views on marijuana — it's simply a matter of saving some green. State Sen. Gloria Romero has authored a bill (SB 797), which would make those changes. Copyright: 2005, MediaNews Group, Inc. and ANG NewspapersComplete Article:
[ Post Comment ]

Comment #24 posted by Hope on April 27, 2005 at 08:11:50 PT
Tandy's Prohibition
Prohibition didn't keep substances out of the hands of the young people in her story and DARE, as we know it, didn’t make them smart enough not to take the pills in the first place. Prohibition did keep them from getting timely help. The truest part of her tale can be interpreted as, “Look what we didn’t do…our so called “job”…we didn’t keep drugs away from them. Look what we did do…we made them too fearful of us to get help for their friend.”Sadly, it looks like another prohibition success story.
[ Post Comment ]

Comment #23 posted by Dankhank on April 27, 2005 at 07:17:02 PT
Dr Jay has passed ...
List-Software: Majordomo 1.94.4Prayers and blessings upon all of Dr. Jay's family, friends and supporters.I never met him, but his work and inspiration has more than once reached out here to Florida to touch me and others in our shared efforts and of course just the world in general.Big People Make Big Impacts.Dr Jay is just such a Big Person (spoken with my own belief that the Life Force is eternal).Blessings on him during his transition from our plane.Steve Heath in Clearwater 
[ Post Comment ]

Comment #22 posted by siege on April 27, 2005 at 06:56:19 PT
News On The Medical-Marijuana Front
Analysis by Mark A.R. KleimanThe drug warriors have been proclaiming for 30 years that marijuana has no medical utility and comparing it to Laetrile. That might make it embarrassing for them to get behind Sativex, which after all is marijuana. Moreover, they need to worry about the phenomenon of "off-label" prescription: once the drug is approved, any physician can prescribe it for any condition, and the list of symptoms for which cannabis might reasonably be a palliative is long enough to cover virtually anyone. So approving Sativex would be tantamount to legalizing marijuana for any adult who can find a cooperative doctor.
[ Post Comment ]

Comment #21 posted by OverwhelmSam on April 27, 2005 at 03:46:00 PT
A Little Foot Work or Phone Calls
It would be nice if we could investigate this incident and expose Karen Tandy publicly as a LIAR! Overwhelm Uncle Sam
[ Post Comment ]

Comment #20 posted by Sam Adams on April 26, 2005 at 18:45:11 PT
The pills actually killed her, but Prohibition was responsible for preventing her getting any help, especially from the adults.It's just like Nazi Germany, when your Jewish friends are hiding in the basement, you don't dare call the police.
[ Post Comment ]

Comment #19 posted by BGreen on April 26, 2005 at 18:43:22 PT
Even More about Irma Perez
What substance is missing in the charges against the "dealer?"Hmmn, what could it be?The only adult accused of supplying the Ecstasy that led to the death of 14-year-old Irma Perez pleaded not guilty to 12 felony drug charges and one misdemeanor charge in San Mateo Superior Court Tuesday.Antonio Rivera Jr., 20, was charged with providing a controlled substance to minors and with possession for sale of cocaine, methamphetamine and Ecstasy following the discovery of a comatose Perez the morning after a sleepover at a friend's house April 24. The eighth-grade Ralston student died April 28.Adding to the accusations against Rivera, the district attorney filed charges of conspiracy and furnishing cocaine to two minors. The additional charges are unrelated to Perez's death, according to prosecuting attorney Elizabeth Raffaelli.I'm beginning to think Karen Tandy has a VERY ACTIVE IMAGINATION!The Reverend Bud Green
Alleged Ex dealer pleads not guilty
[ Post Comment ]

Comment #18 posted by BGreen on April 26, 2005 at 18:38:32 PT
More about Irma Perez
Even with the coroner’s report in and trials long over, there remains bickering over the actual cause of Irma’s death. Was it the MDMA? The copious amounts of water she ingested? Was the pill cut with too much methamphetamine? Yet nothing discounts the bottom line fact that her survival was not helped one bit by a severe lack of response from the parents whose Belmont home hosted Irma’s final sleepover.Below is the only mention of cannabis that I've found but it is mentioned in passing, NOT as a cause of death as in the above list, but as something given Irma BEFORE they called the dealer. This is a different chronology than the lie told by Tandy.According to police and court records, on April 23, 2004, the Belmont middle-schooler and two friends each took one Ecstasy pill. Her pals reportedly had tried drugs before but Perez was a novice. Shortly after taking the pill, Perez complained of a headache, dizziness, violent vomiting and a bleeding tongue. She told her sleepover companions she heard herself making “noises like a dead person.”In the early morning, more than five hours later, she was moaning and screaming in agony as her brain swelled, her motor skills failed and eventually she became unresponsive.Her friends tried to help her by giving her marijuana and a shower. They then called the 17-year-old who sold them the drug and his business partner but nothing helped. Finally, the parents discovered the unfolding tragedy downstairs. An hour later, Imelda Perez was called to the house to pick up her younger sister and asked not to call 911 by the parents of her sister’s friend. Days later, her life was over.According to Tandy, "The friends tried to get Irma to smoke marijuana, but when she couldn't because she was vomiting and lapsing into a coma, they stuffed marijuana leaves into her mouth because, according to news sources, "they knew that drug is sometimes used to treat cancer patients.""It's easy to do a google search on an exact phrase by replacing the "space" with a hyphen.they-knew-that-drug-is-sometimes-used-to-treat-cancer-patients returns only TWO HITS, both pointing to the police chief magazine in which this propaganda swill was published.The Reverend Bud Green
The agony and the ecstasy
[ Post Comment ]

Comment #17 posted by mayan on April 26, 2005 at 17:59:31 PT
Myths may kill...
...but cannabis has never killed.unrelated...Corporate Cannabis - The pharmaceutical industry's surprising new cash crop:' pot bill won't help police, Dunlop warns: Police: We've Seized Enough Marijuana to Roll About 26 Million Joints So Far This Year: WAY OUT IS THE WAY IN...Gyllenhaal refuses apology about 9/11 comment:,0,7942473.story?vote17294341=1 Poll shows 40% Agree with Actress over U.S. Role in 9/11: breaking the Media Blackout? linguist won’t deny intelligence intercepts tied 9/11 drug money to U.S. election campaigns: Bombs own Buildings - Starts World War III - Caught on Video:
[ Post Comment ]

Comment #16 posted by FoM on April 26, 2005 at 17:21:43 PT
Please tell Mrs. Green for me that those are very wise words and so true.
[ Post Comment ]

Comment #15 posted by BGreen on April 26, 2005 at 16:48:36 PT
Mrs. Green Just Said It Best
If Irma would have JUST been smoking cannabis ... IRMA PEREZ WOULD STILL BE ALIVE!The Reverend Bud Green
[ Post Comment ]

Comment #14 posted by BGreen on April 26, 2005 at 16:41:21 PT
Take away some of the lying Karen Tandy's inheritance.The Reverend Bud Green
[ Post Comment ]

Comment #13 posted by global_warming on April 26, 2005 at 16:11:35 PT
re:comment 3 is just a bunch of drug warrior rants, they have no facts, they have no future, for the truth, will come back and bite them in the ass, that is, their own behinds will hang in the depths of eternity, as greedy and and ignorant puppets, whose only excuse will be, "I was only following orders", while this world is held in the grips of these foolish "drug enforcement" people, and by the way, what is drug enforcement?gw
[ Post Comment ]

Comment #12 posted by FoM on April 26, 2005 at 16:02:55 PT
Thank You. I learned a lot more about this case.
[ Post Comment ]

Comment #11 posted by dongenero on April 26, 2005 at 15:21:16 PT
great work Sam!
Thanks for your work Sam! That's beautiful. That statement about leaves smacked of a lie to me as well. I thought it very likely she was embellishing her story. She probably figured it was limited publishing that would only play to law enforcement and that they would eat it up anyway.Pathetic is right!
[ Post Comment ]

Comment #10 posted by Sam Adams on April 26, 2005 at 15:10:52 PT
Interesting. I just did a quick Google search and NOTHING that turned up made any mention of MJ leaves. (As soon as I saw the word "leaves" my BS alarm started clanging). One of the articles mentions that she took 3 pills when everyone else had one. I guess in DARE they didn't talk about dosage very much.This article mentions them feeding her, nothing about MJ....'s interesting, the first time I got drunk was in a sleep-over at a friend's house at age 14. 2 out of 4 of us puked.  I'm sure this girl wanted to act out & do something crazy, and 3 pills was rebelling a little harder than everyone else. Why does our society refuse to recognize that youths need to go through identity-building rites of passage? If we don't practice and embrace the rituals, the kids will definitely go on with them anyway, without us.Tandy is disgraceful, swooping in like a vulture to exploit the girl's death for her own cause. Which in this case is persecuting thousands of sick people in California who are trying to use herbal medicine. Pathetic.
[ Post Comment ]

Comment #9 posted by FoM on April 26, 2005 at 15:01:44 PT
Just Another Thought
I was thinking that they didn't know how to help her and didn't know what to do and just hoped she would be ok because young people feel immortal and believe that everything will work out. It might be good to have a safe house that kids that don't listen and do drugs could call and get medical help without fear of arrest.
[ Post Comment ]

Comment #8 posted by dongenero on April 26, 2005 at 14:50:02 PT
Tandy should be ashamed
Karen Tandy should be ahamed of herself jumping on the tragedy of this poor teenager in order to achieve her political agenda against medical marijuana!What a disgusting individual. I think some of these people have been fighting against it, foolishly, for so long that they have become morally and spiritually bankrupt.Sure, they are convinced they are on the high road but they are deluded and out of touch with even the basics of common decency.
[ Post Comment ]

Comment #7 posted by dongenero on April 26, 2005 at 14:45:25 PT
Police Chief article
The article by Ms. Tandy sounds as though it was written for children.The inference she tries to make about medical marijuana compounding the tragedy, is ridiculous.We consider that surgery can sometimes help people who are ill. If the children in this story had attempted surgery on their friend would we then want to ban surgery!?
Replace marijuana in her article with any pharmaceutical you wish and it is still a stupid argument. The problem was that none of these children had the knowledge necessary to render medical aid to that poor girl. Period. Don't blame marijuana for the situation!
[ Post Comment ]

Comment #6 posted by FoM on April 26, 2005 at 14:08:44 PT
A Question
We've all read recently that kids are using legal prescription drugs like OxyContin and not using marijuana as often. They said using legal hard drugs was because they know it is a pure drug and not a street drug. The drugs these kids are using can kill them. Why not spend time attacking that issue instead of adult use of an herb? 
[ Post Comment ]

Comment #5 posted by FoM on April 26, 2005 at 13:52:55 PT
I know what you mean. This propaganda makes me sick too. How do they sleep at night? If anyone has ever doubted that the drug war is about Cannabis this press release should change anyones thinking.
[ Post Comment ]

Comment #4 posted by Agog on April 26, 2005 at 13:48:52 PT
Marijuana-The Myths are killing us
.... and we in law enforcement couldn't be happier. If we let the truth get out about drugs then we can't continue our fear mongering and confiscation of private property without due process. WE MIGHT EVEN HAVE TO FOLLOW OUR LAWS AND ENFORCE THEM EQUALLY. Gone will be the days of easy entrapment, coerced searches, and forced confessions.Maybe if the kids (14-17 yrs) had really been told the truth, they would have reconsidered even experimenting with ecstacy... maybe. Maybe not, but perhaps with a better understanding they would have known what to do, article doesn't say whether any ketamine was being consumed alongside as commonly done. Water consumption?,simple carbs for a quick boost. absolutely no alcohol with it, etc. Just where is the rest of the story???????? OR Maybein a spirit of truth they wouldn't have been as afraid to get the help needed.Another case of unintended consequences and the politics of prohibition doing terrible terrible harm... Yet in the unregulated market they still had access to "E" and our healing herb from their 17yr old dealer.Once I saw the author and source I made sure to have the "stomach distress" bag handy while reading.All the Best to the CNews Community
[ Post Comment ]

Comment #3 posted by FoM on April 26, 2005 at 12:57:03 PT
DEA Press Release
News Release -- April 26, 2005 The following appeared in the March issue of Police Chief Magazine, an official publication of the International Association of Chiefs of PoliceMarijuana: The Myths Are Killing Us***By Karen P. Tandy, Administrator, U.S. Drug Enforcement Administration, Washington, D.C., and Chair, IACP Narcotics and Dangerous Drugs CommitteeAPR 26 -- When 14-year-old Irma Perez of Belmont, California, took a single ecstasy pill one evening last April, she had no idea she would become one of the 26,000 people who die every year from drugs.1 Irma took ecstasy with two of her 14-year-old friends in her home. Soon after taking the tiny blue pill, Irma complained of feeling awful and said she felt like she was "going to die." Instead of seeking medical care, her friends called the 17-year-old dealer who supplied the pills and asked for advice. The friends tried to get Irma to smoke marijuana, but when she couldn't because she was vomiting and lapsing into a coma, they stuffed marijuana leaves into her mouth because, according to news sources, "they knew that drug is sometimes used to treat cancer patients."Irma Perez died from taking ecstasy, but compounding that tragedy was the deadly decision to use marijuana to "treat" her instead of making what could have been a lifesaving call to 911. Irma was a victim of our society's stunning misinformation about marijuana-a society that has come to believe that marijuana use is not only an individual's free choice but also is good medicine, a cure-all for a variety of ills. A recent poll showed that nearly three-fourths of Americans over the age of 45 support legalizing marijuana for medical use.Complete Article:
[ Post Comment ]

Comment #2 posted by FoM on April 26, 2005 at 11:44:39 PT
Marijuana in S.F.
 The city of San Francisco launched public hearings yesterday on how to regulate the medical marijuana trade. Meanwhile, the US Supreme Court is about to rule on a case involving the growing of medical marijuana. As the city waits for the ruling, Nancy Mullane reports San Francisco officials are worried the pot problem may be out of control. Listen to this story:
[ Post Comment ]

Comment #1 posted by FoM on April 26, 2005 at 11:42:49 PT
Related Article from
Medical Marijuana Law ChallengedApril 26, 2005 — Fresno's efforts to restrict marijuana use are being challenged in court. State law allows the distribution and use of marijuana for medicinal purposes. But, plans to put a medical marijuana dispensary in Fresno's Tower District was shot down by the city council last year.Now, the man who wants to distribute pot is suing the city. He claims Fresno has restrictions so tough that it amounts to a ban."You know, it's the fifth or sixth largest city in California and they won't recognize state law," says medical marijuana supporter William McPike."The city's municipal code on this is not a ban on medical marijuana, it simply limits how many patients a care provider can distribute marijuana to. No more than two patients," says Fresno city spokesman Ken Shockley.McPike says by limiting dispensaries to just two customers, and requiring them to operate as a business in an industrial zone, the city is keeping them out of business.Clovis has passed a similar ordinance and Visalia and Tulare are considering rules as well.
[ Post Comment ]

Post Comment