People V. Davidovich – Trial Update

On March 9, 2010 at 9am in Department 55 at the San Diego Superior Courthouse, day 2 of my trial will begin. District attorney Bonnie Dumanis’ office has filed a mountain of motions in limine with the court, all of which will be heard on the 9th in front of Judge So. Motions in limine are requests made by both sides to the Judge before the start of a trial that certain evidence may, or may not, be introduced to the jury.

The heap of in limine motions includes three that I believe are most troubling. The first is a request by the DA that the Judge not to allow me to use the medical marijuana defense, even though an official subpoena from the doctor who recommended the use of medical cannabis to me, was received and accepted into the record by the court at my preliminary hearing months ago. These records clearly prove to the court that I am a qualified patient, which even prompted the Judge at my prelim to say “there is evidence here that Mr. Davidovich is a qualified patient”, yet nothing fazes the prosecutor’s fierce fight.

UC studies find promise in medical marijuana

From LA TIMES

As an $8.7-million state research effort comes to an end, investigators report that cannabis can significantly relieve neuropathic pain and reduce muscle spasms in MS patients. More research is urged.

With an innovative but little-known state program to study medical marijuana about to run out of money, researchers and political supporters said Wednesday the results show promise.

"It should take all the mystery out of whether it works. We've got the results," said former state Sen. John Vasconcellos, who led the effort to create the 10-year-old Center for Medicinal Cannabis Research.

Mendocino Cannabis Limits and Kelly Decision Radio Forum

Norman de Vall's medical marijuana forum, with guests Pebbles Trippet and John McCowen, is available to download or listen to online.  The 90 minute show has been broken up into three approximately 30 minute segments:

1. http://www.mmmab.net/NdV_931_Kelly_102110_1.mp3
   
2. http://www.mmmab.net/NdV_931_Kelly_102110_2.mp3
   
3. http://www.mmmab.net/NdV_931_Kelly_102110_3.mp3
   

The topic of the show was planned as dealing with both the existing 25 plants per parcel Public Nuisance Ordinance, MCC 9.31, in effect since February 2008 and it's bloated 37 pages of proposed revisions, being championed by Supervisor McCowen, but as yet not voted on by the Board of Supervisors.  Inevitably, it was often not clear whether the current ordinance or the proposed revisions were being discussed.

It was also a sure thing that the discussion would wander back and forth between that discussion and today's momentous decision at the CA State Supreme Court in the landmark Kelly case, and of course it did though it was not confusing when that took place.

The general tone of the show was less adversarial than has often been the case in the recent past. Phone in guests included Sheriff Allman, Attorneys Omar Figueroa and Katharine Elliot and many others.  You won't get ironclad answers on everything, since many of the issues will be decided in the seven patient plaintiff's legal challenge of the county's MCC 9.31, to be heard in Superior Court next month.  Stay tuned.

High court throws out medpot limits; keeps voluntary ID program

The California Supreme Court today upheld a state appeals court ruling that voided California's medical marijuana growing restrictions, calling them unconstitutional.

Anticipated widely as "the Kelly decision," in effect it also voids Mendocino County's Measure B which enacted the state limits - 12 immature plants or six mature plants and 8 ounces of dried marijuana - as the county's growing and possession limits.

The court kept alive the voluntary ID card system for patients agreeing to limit themselves.

At issue is Prop. 215, the Compassionate Use Act which legalized medical marijuana in California in 1996. The CUA did not limit the amount of marijuana a patient could grow or possess except to a reasonable amount consistent with the patient's medical needs.

Story continues on the Ukiah Daily Journal website.

312K PDF file of the CA Supreme Court's Kelly decision:  http://www.mmmab.net/Kelly_S164830.PDF

Sac, West Sac Inch Closer to Pot Shop Laws

The City of Sacramento will allow medical marijuana dispensaries.  So will the neighboring City of West Sacramento.  In parallel developments, both adjoining cities are drafting medicinal cannabis dispensary ordinances.  Stakeholder input has been, and continues to be, sought by the cities. 

West Sacramento is a small town of about 50,000 people.  It is counterintuitively located in Yolo County, while the City of Sacramento is in Sacramento County.  West Sacramento is likely heading towards a cap of two dispensaries.  Sacramento, with a larger city council, and a population ten times the size of West Sac’s, is possibly leaning towards a limit of about a dozen medical marijuana storefront facilities. 

Both cities are taking a relatively calm, reasoned approach to the sometimes contentious issue.  And both draft ordinances arguably have, or will have many issues that need to be ironed out. 

New Feature - CCI Petition Hosts

Medical cannabis service providers are now serving as local hosts for the California Cannabis Initiative Petition Campaign. Directory listings on MedicalMarijuanaOfAmerica.com now have a searchable field to help supporters locate their local CCI Petition Host to sign, turn in completed signature pages and pick up blank petitions. 

Look for this banner on Directory Listings:

Service providers ready to serve as CCI Petition Hosts please contact tim at californiacannabisinitiative.org to sign up for this important responsibility, and thank you for supporting Cannabis Freedom and Justice for All.

Obama has still not promised to end dispensary raids

On October 18, 2009, the Obama Administration sent a memo to all U.S. Attorneys entitled, “Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana.” The advisory notice does not mention medical marijuana collectives, cooperatives, dispensaries, or any other lawful infrastructures for the distribution of medical marijuana. The document states:

Can you imagine legal marijuana in California?

Can you imagine legal marijuana in California?

With your help, California Cannabis Initiative will make this dream come true!

California Cannabis Initiative is the grassroots, people’s movement to legalize, regulate and tax cannabis.  This is a 100% volunteer effort with no corporate funding.

The success of the California Cannabis Initiative depends on your contribution of time and resources.

Visit to get started.

P.S. Contribute $1,000 or 1,000 signatures to receive an exclusive autographed copy of the Memoirs of the Help the Cannabis Cowboy save the day again!

AP Newsbreak: New medical marijuana policy issued by Obama administration

WASHINGTON (AP) -- The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.

Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.

The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.

Story continues:

The CCI Ironing Board Brigade

The effort to legalize marijuana in the state of California is now underway.

On September 8th, 2009, a network of true believers across the state kicked off the petition campaign for the California Cannabis Initiative, and the effort has been gaining substantial momentum ever since.