Vol 1 # 2 July - September 2005

STATE LAW SURVIVES HIGH COURT RULING Feds, state still conflict MMJ outlets stay open; By Chris Conrad Locals regulating sales A divided US Supreme Court handed By Richard Lee down its June 6 ruling on medical One month after the Gonzalez v. Raich marijuana, and its effect is ... nothing. decision, more than 150 medical mar- The Supreme Court’s six-to-three ijuana outlets continue to operate Gonzalez v. Raich opinion preserved without federal interference. the status quo by retaining both state medical marijuana laws and the feder- The day after the ruling the al ban as separate jurisdictions, mean- Alameda County Public Safety Com- ing that patients and caregivers are not mittee voted to issue permits to three MR. WILLIAMS GOES TO WASHINGTON — TV talk show host Montel Williams joined dispensaries in the unincorporated advocates from around the nation in DC May 4 to visit the halls of Congress and lobby able to use their legal status under for passage of two federal medical marijuana bills. Photo: Mikki Norris state law as a defense in federal court. areas of the county. Sheriff Charles Patients Angel Raich of Oakland Plummer promised that the DEA and Diane Monson of Butte County would not shut down any of his well- Oakland Public Safety Committee promised to defy the federal ban and regulated and tax paying dispensaries. continue their work for medical rights. Since federal agencies rely on having gives tolerance a green light Attorney General Bill good relations with local agencies, Lockyer immediately announced that there is a powerful incentive for the Measure covers private sales to adults all the state laws remain unchanged. two to get along. Continued on page 10 Continued on page 10 By Justin Baker enforcement’s lowest priority. He The City Council’s Public Safety interpreted it as meaning non-com- Committee met June 14 with a packed mercial locations only, rather than Medical marijuana in federal court: hall and unanimous public testimony other non-public places. The net effect supporting regulated cannabis sales in would have been to limit tolerance to Oakland. the home rather than allow clubs or Is jury nullification the next step? “We truly are showing that we are designated private adult-use areas that require proof of age to enter. Editor’s note: The power of the jury guilt in all federal cannabis cases? a respectable, political constituency to acquit in the interest of justice, Backers of the measure argued that Clay Conrad reminds jurors that with clout,” said Mikki Norris, a board despite evidence of guilt, is a contro- voters clearly intended to keep sales it’s not a crime to vote to acquit. member of the Oakland Civil Liberties versial legal issue that has drawn “off the streets” by moving them into By Clay Conrad Alliance, primary sponsor of Measure increasing attention as defendants commercial settings to be taxed and Z, which won by 65.2% last fall. have been stripped of their legal Since the June 6 Gonzalez v. Raich regulated as soon as possible. The committee responded by tak- defenses in federal court. Supreme Court decision, medical Speakers made a strong case for marijuana supporters have largely ing decisive action on a motion by Does the ban on providing jurors ventilated, on-site smoking areas and determined to focus on lobbying councilmember and mayoral candi- with “the whole truth” about medical age controls through ID checks or Congress. While Raich did not over- date Nancy Nadel to launch the over- use give jurors “reasonable doubt” of sight committee, define the scope of Continued on page 3 turn state medical marijuana laws in “private” sales, and instruct law the eleven states that have them enforcement to follow the voter man- (Alaska, California, Colorado, MURAL ON THE EDGE — Hawaii, Maine, Maryland, Montana, date for cannabis tolerance. It also The beautifully detailed voted to limit membership on the mural Mitzvah, the Jewish Nevada, Oregon, Vermont and oversight committee to city residents. Cultural Experience can be Washington), it does permit the feder- Councilmember Pat Kernighan seen at 14th and Franklin, al government to arrest patients in the edge of Oaksterdam. seconded Nadel’s motion, which those states. (State laws exempt qual- Story on page 5 passed 3-0 with the vote of Jean Quan ified patients who use cannabis from and an abstention by Larry Reid. state criminal penalties.) Kernighan, elected to the District 2 Congress promptly voted down a seat earlier this year in a special elec- bipartisan budget amendment spon- tion, said she had not voted for sored by Reps. Dana Rohrabacher (R- Measure Z, but she understood it and CA) and Maurice Hinchey (D-NY) to respected the will of the voters. prohibit the federal government from Constituents crowded into the spending taxpayer dollars to prose- meeting with concerns about the city cute patients who comply with their attorney’s definition of what voters home state’s medical marijuana laws. meant when they made private adult It seems a stretch to believe that this cannabis sales, cultivation and use law Continued on page 11

Visitors’ Guide to Oaksterdam NORML Conference Comes to SF Page 6 Page 8 Patient Resource Directory Eating and Weekending in O’dam Inside this Issue Page 4 Page 5 Page 2 . Oaksterdam News. July – September 2005

Economists: Regulating cannabis could save US $14 billion; How do the Dutch Over $1 billion in benefits for California taxpayers alone regulate cannabis sales? By Chris Conrad Friedman and 500 economists call for new approach to cannabis control In the Netherlands, sales and culti- Advocates also point to strong public on prohibition enforcement. vation of cannabis among adults, support for taking cannabis out of the • Taxed, regulated cannabis sales still technically illegal, is accepted criminal justice system. The nation would raise at least $96.3 million as an ordinary part of life and regu- spends billions on arresting, prosecut- annually in new revenue for lated accordingly. ing, and incarcerating people on pot California, assuming it was taxed at a Peter Cohen of the Dutch Centre charges. rate comparable to ordinary goods. for Drug Research reports that there “Voters just don’t think we should • Nationally, cannabis regulation are about 750 cannabis coffeeshops be wasting money on cannabis would save approximately $7.7 billion in The Netherlands, of which fully a enforcement. Just last November, in enforcement — $2.4 billion at the third are in Amsterdam. That is in Oakland voters overwhelmingly federal level and $5.3 billion at the addition to every dispensary in the passed a measure calling for the legal state and local level. country, which can provide medical taxation and regulation of cannabis for marijuana on request. Noted economist Dr. Milton Friedman private adult use,” said Gieringer. The Ministry of Health publish- Voters there passed Measure Z by In Oakland, 65.2% of voters es data on the number of cof- By Autumn Bernstein 65.2% to tolerate and, when possible, passed an initiative last year feeshops based on a count done A report released June 2 by Harvard legalize, tax and regulate adult sales, to tolerate and, as soon as each year by Bert Bieleman in economist Dr. Jeffrey Miron points to cultivation and use. Groningen. His reports, called The possible, tax & regulate adult the economic advantages of treating “The plain fact is that marijuana National Drugs Monitor (2002), is cannabis like alcohol rather than pro- prohibition is a failure,” said Bruce sales, cultivation and use. available in English on the website hibiting it as an illegal drug. Mirken of the Washington DC-based of Trimbos-Instituut, but not the lat- In “The Budgetary Implications of Marijuana Policy Project. “Year after • National revenue from taxation of est one, covering 2004. Marijuana Prohibition,” Miron esti- year, 85% of high school seniors tell cannabis sales would range from $2.4 Rotterdam has about 600,000 mates that replacing the prison model government survey-takers that mari- billion per year if cannabis were taxed inhabitants and about 70 cannabis of drug enforcement with a fair system juana is ‘easy to get.’ Conservatives like ordinary consumer goods to $6.2 shops, one per 8500 residents. of taxation and regulation similar to like Milton Friedman are part of the billion if it were taxed like alcohol or Amsterdam has a population of that used for alcoholic beverages tobacco. 700,000 and 250 coffeeshops, more would produce combined savings and The Miron report examined two than one per 3000 residents — tax revenues of between $10 billion possible scenarios for national rev- although the city also hosts a busy and $14 billion per year nationally and enue from taxation of cannabis sales: a tourist industry. Some of the more $1.1 billion in California. lower tax rate like those applied to rural Dutch municipalities apply a A 2004 study by California ordinary consumer goods, and a high- rule of one cannabis shop for every NORML has estimated even higher er “sin tax” like those applied to ciga- 20,000 inhabitants. savings for the state. rettes or alcohol. Oakland, with a population of Also on June 2, a group of more On a state level, the report only 399,484, could easily support 20 than 500 distinguished economists led looked at the more conservative sce- such coffeeshops, and possibly by Nobel Prize winner Dr. Milton nario, where cannabis is taxed at a rate more. The city has 802 businesses growing number of Californians say- Friedman released an open letter to similar to ordinary goods, generating licensed to serve alcohol, so at a ing it’s time we considered a new President Bush and other public offi- $96.3 million annually in California. ratio of only one coffeeshop per 10 approach and stopped throwing bil- cials calling for “an open and honest In contrast, a 2004 report by CA alcohol licenses, the City could lions of dollars at a failed policy.” debate about marijuana prohibition.” NORML envisions cannabis being accommodate 80 cannabis outlets. “We believe such a debate will Mendocino County recently heard taxed at a steep “sin tax” rate, which What has been the result of these favor a regimen in which marijuana is a proposal to tax medical marijuana would generate even more new rev- 40 years of tolerance? legal but taxed and regulated like other growers as a way to fill a looming $3 enue — up to $1 billion annually. • The Dutch use cannabis at less million budget deficit. The proposal’s goods,” the letter said. Dr. Miron noted that many factors than half the US rate. author, Supervisor Jim Wattenburger, “Regulating cannabis would raise beyond costs and tax revenues would • The age of first use of cannabis in called the medical marijuana industry revenue for vital services, like schools need to be considered in evaluating The Netherlands is 20. In the United a driving force of the local economy and health care,” said Dale Gieringer, possible changes in cannabis laws, States, it is age 16. that could help solve the county’s Executive Director of CA NORML, an saying, “These budgetary impacts budgetary woes. • The rate of heroin addiction in organization dedicated to cannabis should be included in any rational The Netherlands is less than one- The Miron report, using data from reform. “For example, California’s debate about marijuana policy.” third the US rate. a variety of federal and state govern- schools are facing a major budget The full report, the open letter to ment sources, concludes: • Since the 1970s, the average age shortfall this year, and a tax on public officials signed by over 500 of a heroin user in the US has • Replacing cannabis prohibition with cannabis could go a long way toward economists, and the full list of its dropped from 26 to 19, while in The a system of legal regulation would addressing that. In this budget climate, endorsers are all available at Netherlands, it has risen from age save California approximately $981 what other industry is stepping up to http://www.prohibition costs.org/. 26 to over 40 the plate to be taxed?” million in government expenditures

© 2005. All rights reserved. The Oaksterdam News is a free speech publication owned and operated by The Oaksterdam News. This news quarterly promotes the community by providing news, photos, features, directories, local information and service guides for locals and tourists alike. We support tolerance and believe that cannabis sales and cultivation should be legal for adult consumption. We provide a free listing for California cannabis outlets and patient support groups that are on the public record. Any service provider who is not inter- ested in this feature needs to advise our office by calling our office: 510-836-NEWS (6397) Richard Lee, publisher Chris Conrad, executive editor Jaime Galindo, managing editor 405 15th St., Oakland CA 94612 http://www.OaksterdamNews.com Oaksterdam News. July – September 2005. Page 3 Cannabis tolerance moves ahead Committee plans to take voters at their word Continued from page 1 pensary permit ordinance seems to be membership cards. Both of these sys- working. tems have worked well in medicinal A poll found that public opposition cannabis outlets. to the section of that ordinance that Kernighan, herself an attorney, said shut down most of the dispensaries that the language must be taken at face had encouraged voters to pass Meas- value and that it did not appear to her ure Z. Supporters see this as a signal that voters intended to restrict that voters want to revive Oaksterdam cannabis sales, cultivation or use to as a cannabis-friendly zone. the home. Nor did she want to unduly Chris Conrad, curator of the Hash- tie the oversight group’s hands as to Marijuana-Hemp Museum in Amster- what possibilities to consider. dam, told how the Dutch model of tol- PUBLIC SAFETY HEARING — Dr. Frank Lucido urged the Public Safety Committee on City council members now need to erance and coffeeshops would apply to June 14 to activate the oversight committee and adopt a quick implementation of Measure Z. Councilmember Nancy Nadel (upper left) made the motion. Photo: Chris Conrad designate oversight committee mem- Oakland. To protect private activities bers to make sure that tolerance carries from federal or state harassment, he forward as intended. Each council said, business licenses and tax records member is to select a resident to serve would not indicate whether cannabis Medical marijuana access compared to alcohol for two years while meeting quarterly. was sold or consumed, as long as a Opponents of medical marijuana often claim there are too many dispensaries Dr. Frank Lucido, a family practi- controlled-access private adult area in their area. This specious argument has been used to impose unacceptably low tioner, told the committee that he had had been designated and sales taxes limits in Oakland and elsewhere. The cap in Oakland is completely arbitrary, yet contacted more than one council were paid, without listing what was other communities use it as a basis for their own permits. In fact, it is far too member about his interest in bringing being sold. Failure to keep minors out restrictive and completely unfair. These localities have dozens of pharmacies. a physician’s sensibility to the issue. or public nuisance complaints would be a basis to pull a business license. By way of comparison, it may be helpful to look at the number of licensed Nadel’s appointee to the oversight alcohol outlets in the same region. The chart below shows several localities, committee, Richard Lee, said, “I look With the success of Measure Z in their number of liquor stores, total alcohol outlets, including wine and beer shops forward to working on the committee Oakland, other communities are as well as licensed restaurants, bars and clubs compared to the number of med- to create guidelines for private adult beginning to consider adopting similar ical cannabis dispensaries. The numbers speak for themselves. sales. Well-regulated cannabis sales ordinances. A political consulting will benefit Oakland and continue to company, The Next Generation, has We need many more dispensaries for the Bay area, not fewer. revitalize Oaksterdam.” been contracted to do early research City Liquor Stores Alc Licenses Medical Marijuana on suitable locations around the state. Lee said that the city’s experience Oakland 195 802 4 with regulating its medical marijuana After decades of discrimination Alameda Co (unincorp.) 42 159 3 and mistreatment, cannabis consumers dispensaries gave the community San Francisco 715 3,464 43 are finally making their claim to equi- transferable skills that could apply to Hayward 56 37 2 adult use facilities. Councilmember table treatment. For more information Berkeley 36 323 3 Quan agreed, noting that the city’s dis- visit www.taxandregulate.org. Page 4. Oaksterdam News. July – September 2005.

• Redwood Herbal Options, Evergreen Holistic Caregivers 661-946-6600 care- California’s Medical Marijuana Patient Center #7, Redway. 707-923-9147. Open 9-5. [email protected] [email protected] • 420 Deliveries. 916-519-7670. M-F 10-7 ; • Caregiver Compassion Center. Sa 12-4; Sun by appointment Services & Support Groups: A Resource List 4349 Montgomery #D, Santa Rosa. • Healing Hands of Nature. (Rancho Thanks to California Norml. Oaksterdam • Alternative Patient Caregivers, 953 Mission 707-537-7303 M-F 1-6; Su 3-6. Cordova/Sac/Citrus Heights area deliveries). News makes no representation as to the serv- St. #40 415-618-0680 (12-6 M-F, 11-5 Sat). • Resource Green Caregivers & Patients 916-256-5277 ice, quality, reliability or compassion of any Clones available. Group. 532-D Sonoma Ave, Santa Rosa. Kern Co., Bakersfield of these groups. For a discussion of the legal- • Alternative Relief Co-Op 1944 Ocean (deliveries too) 866-420-5020. 11-9 daily • Amer. Kenpo Kungfu School of Public ities of cannabis clubs, see CA NORML’s Ave.415-239-4766 natural herbs & tea (noon- • North Bay Collective. Health. 661-399-9099. RevJoeFortt.com Tips for Would-be Cannabis Providers. 7, M-Sat). Deliveries to in-patients in SF 2050 W. Steele # D-3, Santa Rosa. Updated info online at www.canorml.org. hospitals. 707-569-1420. Tu-F 12-7; Sa-Su 12-4. • Nature’s Medicinal, 323 Roberts Ln, Bakersfield. 661-392-9353. 11-9 daily. Oakland • SF City Patients Caregiver Collective (1095 • Sonoma Alliance for Medical Marijuana. Free & Easy Compassionate Care, Inc, 1905- • Official city patient ID cards & info: Market St. #515 @ 7th St) 415-724-3476. 707-522-0292, patients’ support group 1/2 N. Chester, Bakersfield. 661-387-0509. The Co-op Store. 1733 Broadway: Open Fri & Sat 11-6. • Marvin’s Gardens. Guerneville. 10-9 everyday. 510-832-5346 www.rxcbc.org. City Licensed Clubs Santa Barbara, Ventura HS11362.5: “seriously ill Californians have the right to obtain and • Santa Barbara Patients’ Group, 3114 State • SR-71, 377 - 17th St. St. 805-687-8988 M-SA 11-5. Open M-F 9-8; Sa-Su 10-8. use marijuana for medical purposes where that medical use is deemed • Santa Barbara Patient Doctor Coalition • Oakland Compassionate Healing Center. appropriate and has been recommended by a physician...” 805-687-2380 [email protected] 578 West Grand Ave. 510-839-9002. Daily. • California Alliance for Medical Mj Patients • CARE. 1900 Telegraph Ave • San Francisco ACT-UP (1884 Market St). 707-869-1291 (Ventura Co) 805-890-1365 • Undisclosed location. Broadway 415-864-6686 www.actupsf.com • Sonoma Co. Compassionate Services [email protected] (ID cards and Berkeley / East Bay • Sweetleaf Collective 415-273-4663, For Delivery. 707-972-7818 medical referrals ) • Berkeley Cannabis Coop. low-income AIDS, cancer patients • Lake Co Alternative Caregiver Clinic, Orange Co., San Bernardino, Shattuck Ave, Berkeley: 510-486-1025 • Herbal Relief Center, 1545 Ocean Ave. Clearlake Oaks. 707-998-0358. Riverside 415-587-2599. [email protected] • Berkeley Patients’ Group. 2747 San Pablo • 420 Primary Caregivers (Anaheim) delivery Ave, Berkeley: 510-540-6013 • San Francisco Patients’ Cooperative (350 • Lake Co., Eddy Lepp’s Medicinal Gardens, service 714-758-3500 www.420primarycare- www.BerkeleyPatientsGroup.com Divisadero St): 415-552-8653 www.sfprc.org Upper Lake 707-275-8879 www.eddysmedi- givers.com cinalgardens.com • Berkeley Patients’ Care Collective. 2590 • Kind Sanctuary (Golden Triangle, 1334 • Careabis Patients Collective Telegraph Ave: 510-540-7878 Haight St) 415-431-6764 Open M-Sat 10:30- • Ukiah CBC: 707-462-0691 (LA/Orange/Riverside/S.D./S.Barbara) (562) medicalmarijuanainfo.com Contra Costa. 9; Sun. 12-8. Central Valley to Redding 696-9100 (11am - 8 pm) www.careabis.com - • ME Delivery 510-758-3269 • The Hopenet Coop, 223 Ninth St. 415-863- [email protected] • Amador Co. Sierra Foothills CC (delivery 4399 Open M-F 12-7, Sa 12-5. • Maricare - 2155 Colfax St, Concord (also service) 209-274-6727. • Inland Empire Herbal Caregivers delivery deliveries) (925) 459-2929 11am - 7 pm • The Green Cross. 3420 - 22nd St (at service San Bernardino Co. (951) 687-4690 • Butte Compassionate Care, Chico area Guerrero) 415-648-4420 open 10-8 daily the- Livermore Hayward, delivery service, 530-680-0857; 12-8; low- • Therapeutic Health Care, S. Orange Co. greencross.org income patients welcome. delivery 949-916-7176 open 10-9 M-SA. San Leandro Area • Bernal Heights Co-op Disp. 33 - 29th St. • Calaveras CC (delivery) 866-401-2228. • OCMC Cooperative, Orange County 949- • Hayward Patients Resource Center 22550 415-642-4702. 10-9 M-Sa, 12-7 Su 7 days, 8-8; low-income patients welcome. 855-0310. Foothill Blvd. 510-581-8640. 11-9 daily, also • Divinity Tree. 958 Geary St. 415-292-6052. • Merced Patients’ Group (patient support) • Humble House Orange Co deliveries 949- deliveries & MD clinics (888) 389-6360. Open 11-7 except Tu 209-726-4532 [email protected] 395-9588 / 714-856-7654 M-Sa 10-7, Su 11- • Local Patients’ Cooperative (22630 Foothill • Mason St. Dispensary. 124 Mason St. 6. thehumblehouse.com • California Healthcare Collective - 1009 Blvd 2nd Floor) 510-537-2405. Open 10-10 (downstairs) 415-433-4420, 7-9 daily daily; (wheelchair access to 9:30, call in McHenry Ave. Modesto • MariMed Rx, 550 E. Chapman Ave. #C, www.masondispensary.com Orange. 800-29-LEGAL. M-F 9-5, SA 11-4. advance). • Green Pole Alternative Center • Emmalyn’s. 1597 Howard St. #A. 800-588- [email protected] • Garden of Eden, 21227 Foothill Blvd 204 McHenry Ave. Modesto 4218 / 415-345-8248. Daily 10-9 • KGB Meds (San Bernardino, High Desert Castro Valley, 510-881-2160, 9-9 daily. • MMJ Caregivers Association of El Dorado • Patients Helping Patients Home Bike delivery). 760-246-7047. Co. Placerville. 530-642-8258 • The Health Center, 15998 E. 14th St, San Delivery. 415-240-7190 [email protected] Leandro 510-278-4251. 11-7 Daily • Golden State Patient Care Collective. 233 • Good Fellowes Smoke Shop. • Northern Lights Church (statewide support) Hwy 174, Colfax. 530-346-2514. M-Sat 10-6 • Alameda Co. Resource Center 16250 B E. 473 Haight St 415-346-4338 Laguna Beach. 949-222-4209. northern- 14th St, San Leandro 510-317-2150. Open • Nevada Co.: The Healing Center 530-268- • Grass Roots. 1077 Post St. 415-346-4338 lightschurch.org / thehealingexchange.org M-SA 11-8 (high grade organic). 4690. Open 11-7, closed Tu & Th. • Sanctuary. 669 O’Farrell. 415-885-4420 Southern State • A Natural Source. 16360 Foothill Blvd, San • Plumas Co., Feather River Coop. Leandro 510-276-7224. M-F 11-7. Sa-Su 12-6. • Re-Leaf Herbal Center. 2980 - 21st St. 415- 530-283-4517 (info) • Inglewood Wellness Center. 310-674-4444. 235-3307 • Compassionate Collective of Alameda • Shasta Co. Safe Access. Redding (delivery). www.InglewoodWC.org County, 21222 Mission Blvd, Hayward. Marin, North Bay 530-356-1645 • Medicinal Delivery Caregivers (LA area) 310-415-6759. 10 am- 8 pm. medicinaldeliv- Open M-F 9-7, Sa-Su 11-7. • Marin Alliance for Medical Mj: 415-256- • Jim’z Deliveries. Roseville area [email protected] • Compassionate Caregivers, 16045 E. 14th 9328 www.cbcmarin.com 916-519-5328. Hours 10-6. • Crescent Alliance for Sickle-Cell Self-Help St, San Leandro. 510-481-5757. 8-8 daily. • Here2Help-707, Solano Co. deliveries to • Medi-Caregivers (delivery). San Joaquin. Group (Sister Somayah) LA • We Are Hemp 913 E Lewelling Blvd, San homebound patients only 707-208-9023. M- 209-456-0680 Lorenzo. 510-276-2628. M-Sa 11-8 Th 9-7 [email protected] • Shasta Patient Alliance (information only) • Today’s Holistic Caregivers (Lancaster) 661-946-6600 [email protected] San Francisco South Bay [email protected] • Trichome Healing Caregivers. 7100 Van Patient ID Cards, City Dept of Health, 101 • Cal Medical Mj Patients Association. • Shasta Green Care delivery 530-524-9251 8am-6pm. Nuys Blvd #204, Van Nuys. 818-373-5000. Grove St. #105: 415-554-2890 Belmont (deliveries to San Mateo, SF and 10-7 daily except Wed. - disabled access East Bay) 650-492-1487 (24 hrs) / 650-595- • Siskiyou County Co-op • Compassion Care Center #1, 122 Tenth St •Valley Independent Pharmacy, 10-7 daily. 0113. [email protected] / cammj- Research & Registration Ctr.Weed. 530-938- (at Mission) 415-255-8720 19459 Ventura Bvd, Tarzana. 818-345-5477. pa.50megs.com 1768. [email protected] • CannaMed Care Center, 1211 Sutter St • WV 420 Collective Delivery Service, West • Mobile Herbal Therapy (San Mateo, San • Stanislaus/Central Valley Co-op: Primary (lower). 415-885-8007. 1-9 M-Sa, 1-6 Su. Hills. 818-274-4479 www.cannamedcare.com Jose deliveries). 866-240-9121 Caregivers & Consultants. 209-818-2932. • LA Patients and Caregivers Group, 7213 • Area 420. Santa Clara Co patients, by appt. [email protected] • Alternative Herbal Health, 442 Haight St. Santa Monica Blvd, W Hollywood (at 415-864-1300. (MD consultations by appt) only. 408-246-0052. area420.com • Tuolumne CC (delivery service) 866-882- 1129. 7 days, 8 am-8 pm. low-income Formosa) 323-882-6033 • The Vapor Room, 609A Haight St. (MD • San Jose area deliveries: Growth Unlimited. patients welcome. LAMedicalMarijuana.com consultations avail.) M-Sa 11-9; Su 12-8 1-888-MED-CANN • Valley Patients’ Alliance, Stockton CA 209- • AHHS (Alternative Herbal Health Services) • The Hemp Center, 4811 Geary Blvd, • My Green Heaven Ministry. Millbrae. 933-6282, (patient info & aid) 7828 Santa Monica (at Fairfax) West 415-221-HEMP www.mygreenheaven.org Hollywood. 323-654-8792 call for hours. •Yuba County CBC 530-749-7497 • Love Shack 502 14th St. (at Guerrero). Santa Cruz • Medical Marijuana Farmacy. 7825 Santa 415-552-5121 www.lssf.com Sacramento • Wo/Men’s Alliance for Medical Mj: 831- Monica Blvd. 323-848-7981 (LA area deliv- • Compassion and Care Center #2, 194 425-0580 www.wamm.org • Capitol City Patient’s Center. Sacramento, eries). 10-9. Church St. 11-7 M-Sat. 415-559-9393 • MariMed Rx 831-688-9990 (MD consulta- 916-649-0114 • West Hollywood Caregivers. 7901 Santa • Ketama, 14 Valencia St. 415-706-2679 tions available) (M-F 10-5, SA 11-4) • Capitol Alternatives. 2020 - 16th St. Monica Bl #206. 323-656-2033. 10-7 daily. open 11-8 M-Sa, 12-6 Su. [email protected] Sacramento, 916-497-0277 / 916-728-1967. • CA Cannabis Pharmaceuticals, 8464 Santa • Medicinal Cannabis Center, 722 Columbus • Med Ex. Info service. 831-425-3444 Open 9-7 M-Fri; 9-5 Sa. Monica Blvd, W. Hollywood 323-656-1600 St. 415-296-7614. 11-6 daily • Hemporium, LLC Delivery Service. 831- • Doctor’s Orders, 4011 Winters St. #A, • W Hollywood Center for Compassionate • Mendocino Healing Alternatives, 295-3511 Sacramento. 916-564-2112 Open 9-6 M-F, 9- Healing, 8921 Sunset Bl. 310-626-3333. 96 Lafayette St. (at Howard between 11th 4 Sa, 9-1 Sun. • The Health Center. 8961 W. Sunset Blvd W. and 12th) 415-864-4600. 11-7 daily North Coast • Advanced Medicinal Health Center: call for Hollywood. 310-275-0446. call for appt • Mission St. Caregivers (1760 Mission at • MMPU, Medical Marijuana Patients Union appt. 916-482-1971. M-Sa 11-6. • West LA Collective Caregivers. West side Duboce) 415-553-7780 (open 365 days) POB 2059, Fort Bragg 95437. • MedSac916: 916-806-2314 www.med- delivery. 310-953-2475. 9:30am-10pm daily. 707-964-YESS. [email protected] • Green Door, 843 Howard St. 11-8 daily sac916.com WLACC.net. 415-541-9590 www.GreenDoorInfo.com • Mendo Healing. Ft Bragg. 707-964-3677 • Growth Unlimited (Sacramento/Solano/ • Cancer Help Center Herbal Collective. • Health & Wellness Alternatives, 935 • Mendo Remedies. 44975 Hwy 101, Central Valley/San Jose) deliveries: 1-888- 3381 LB Blvd (at Wardlow) Long Beach. Howard St. (between 5th & 6th) (415) 512- Laytonville: 707-984-7101; low-income MED-CANN 562-424-HERB. M-F 11-8, Sa-Su 11-7 7800 open 11-7 M-Sa patients welcome. • Sacramento area deliveries, Today’s Continued on next page Oaksterdam News. July – September 2005. Page 5 the world, its bar is as happening as sure to get their terrific plate lunch. anything in the San Francisco Mission It’s a good meal and a good value. District, but smaller and friendlier. The Fine Place, 376 - 17th St, is the This hangout is truly one of the land- place to find veggie dishes and be sure marks of the area. to try their zesty ginger lemonade. It is Another weekend destination in conveniently located right next to O’dam is the Quick Bite restaurant at Coffeeshop SR-71, which has smooth- 1511 Franklin. Specializing in catfish, ies, those cold, blended concoctions of prawns and french fries, the restaurant fruits and juices. does a hopping business seven days a Grab something to go from one of week and draws its crowd downtown these eateries and head to Snow Park on Sunday afternoons. on a nice day or take the elevator to Another specialty food shop is the top of Kaiser’s parking lot across Francois, 365 - 19th St., where you get from 1950 Franklin, where picnic a taste of Manila with rich, traditional tables, shaded canopies, and fragrant Filipino foods plus ice cream. hanging vines await — along with a GRAB A QUICK BITE — Proprietor “Big Joe” brings Catfish Sundays to Oaksterdam Take it Easy Thai food, 351 - 17th view up 19th Street to see the Fox and welcomes clients at the door of the ever popular Quick Bite restaurant, now open St., serves up large portions of its Theater looming over the district. daily including weekends, at 1511 Franklin. spicy Asian cuisine. Warms the heart, A new website hopes to bring peo- the taste buds and the palate, and has a ple downtown with its listings of Oaksterdam emerging as a tasty new newly remodeled interior, to boot. attractions, meetdowntownoak.com. If At Ichiro Japanese restaurant, 412 - you get a chance, take a look and let us tourist hot spot for the weekends, too 15th St., the address may not quite be know what you think. It’s hosted by 420, but it can still take care of your the City, along with Oakland maga- By Tristin Coffman backup singers came to town when the munchies and cotton mouth for you. If zine. Or simply come see us online at The cracks that run through the 1985 band was touring. Two Reeferettes, you’re downtown during the day, be www.oaksterdamnews.com. mural, Mitzvah, the Jewish Cultural Tina and Heather, dropped by for a Experience, are a silent reminder of beverage with local author and activist San Diego (619) 299-2837. Open M-Sa 9-7. the 1989 Loma Prieta earthquake. Mikki Norris, who was showing them Resource Directory • Ocean Beach Dispensary, 4230 Voltaire St., Situated at 14th and Franklin Streets, around when cotton mouth struck. You Continued from previous page San Diego. 619-549-2014 obdispensary.com on the edge of Oaksterdam, the enam- never know who you might bump into San Diego Noon -8 everyday. • First Choice Caregivers (“1CCC”) San el painting by Dan Fontes, Keith Sklar in O’dam, but every week you’ll get to • San Diego Legal Ease, Inc. 3024 Meade hear cool jazz riffs by the Bulldog Diego area deliveries (858) 472-1225 and Brooke Fancher is featured on the Ave #D (North Park) 619-398-3467. Open [email protected] Hours 10-7 front page of this issue of Oaksterdam Band featuring Vince Wallace, who 10-7 daily. everyday. News. It, measures a huge 97 by 150 play in the summer on the sidewalk in • San Diego Caregivers. (delivery serving • Co-Op SD, 7875 Convoy Ct #6, San Diego feet and dominates the block. front of Coffeeshop SR-71 on Sunday S.D. / south Riverside Co.) 760-580-0745 (858) 610-1674 .Hours 11-7 everyday. afternoons. • Triple Holistic Chronic. 2109 El Cajon • Compassionate Couriers San Diego deliver- This is just one of many hidden Blvd. San Diego 619-497-1105. Open 11-9. treasures that beckon tourists and Café Van Kleef Contemporary Art ies compassionate-couriers.org 619-861-3157 • Triple Holistic Chronic. 4972 1/2 Cass St. Hours 10am-8pm. locals to come and explore the area Gallery, 1621 Telegraph, offers drinks San Diego. 858-272-2700. Open 11 -9. with the attitude and ambiance of a • San Diego Associated Caregivers Coop (El known as Oaksterdam, or O’dam for • Native Sun Dispensary, 3806 Rosecrans, Cajon near Park Blvd) By referral only. short. The uptown zone’s nickname side street in Paris. Its nightlife musi- hearkens to the famously cannabis cal fare includes jazz, blues and R&B. friendly city in Holland, and they Bedecked with artifacts from around share a number of qualities. Home to the city’s four licensed Contact Your City Leaders medical marijuana dispensaries, the Oakland City Hall and Council area is friendly and a walkable size. It 1 Frank H. Ogawa Plaza runs from City Hall to Lake Merritt (between 14th and 15th at Clay St.) and from Chinatown to Grand Avenue Jane Brunner, District 1, 510-238-7001 and is punctuated with curious archi- [email protected] tecture, inviting shops and a variety of Pat Kernighan, Dist 2, 238-7002 places to eat. [email protected] Nancy Nadel, Dist 3, 238-7003 Every issue of Oaksterdam News [email protected] features a color map in our centerfold Jean Quan, Dist 4, 238-7004 to help you navigate the area and find [email protected] parking as you become familiar with Ignacio De la Fuente, Dist 5, 238-7005 the emerging Arts and Entertainment [email protected] district. Drop by the Oaksterdam Desley Brooks, Dist 6, 238-7006 Giftshop at 405 - 15th St. to pick up [email protected] your complimentary copy and maybe Larry Reid, Dist 7, 238-7007 a few souvenirs of your visit. [email protected] When you’re in the mood for a Henry Chang, At-Large 238-7008 cappuccino or a soy chai, visit the [email protected] Bulldog Coffeeshop, 1739 Broadway. Jerry Brown, Mayor 238-3141 Last month two of Jimmy Buffet’s [email protected] Page 6. Oaksterdam News. July – September 2005. Oaksterdam News. July – September 2005. Page 7

The Oaksterdam H Fox Theater, (O’dam) Map Key 1850 Telegraph I CARE, A Bulldog Coffeeshop, 1900 Telegraph Ave. 1739 Broadway Four Seasons Hydro, J Paramount Theater, 1735 Bdwy 2025 Bdwy The Co-op Stop, K Oakland Compassion- 1733 Bdwy ate Healing Center, B SR-71, 377 - 17th St. 578 W. Grand Ave. CNorcal MMJ L Lake Merritt Park Recommendations, boat rentals 1504 Franklin M Green Medicine Group D Oaksterdam Gifts, N Van Kleef Cafe 405 - 15th St. 1621 Telegraph Ave. E Post office, O Americans for 1446 Franklin St Safe Access (ASA), F Frank Ogawa Plaza 1322 Webster # 208 G Medicann, P Paid parking 1814 Franklin # 901 Q Kaiser rooftop garden

A walking tour of Oaksterdam’s sights The map on this page shows highlights and historic landmarks of Oaksterdam. We invite you to take a walk with us along its streets. Starting at City Hall, head East on 14th to Broadway and turn North. Before you is Latham Square, with a fountain and 19th Street is a beautiful Art Deco building with silver trim and sylvan murals the towering Cathedral Building at the Telegraph and Broadway split. painted in the windows. This is the licensed dispensary CARE. It’s worth walk- Go to the left onto Telegraph and you soon pass Café Van Kleef on your left. ing along the building’s Telegraph facade to see the new Uptown nightclub Cross 17th to see where five cannabis outlets operated until June 2004. before you continue east on 19th Street to Broadway. Next you will pass a BART entrance and a few doors later is a yellow sign: Turn south on Broadway and on your right you will see 1755 Broadway. This Lemondrop Coffeeshop. The Lemondrop once had a candy store front and a is the original site of the Oakland Cannabis Buyers Cooperative where Jeff dispensary in the basement. A few doors later another dispensary site wears Jones first opened his dispensary on the fifth floor on July 4, 1996. paper signs announcing its closure and a new location for people to visit. Across Next door is the Bulldog Coffeeshop, which once housed a cannabis dispen- the street is a small three story building where the 420 Cafe operated. If you peer sary. It’s a good place to take a break before going south past the Four Seasons into the window you’ll see murals and a skunk doll perched on a room divider. garden center to the Co-op Stop that offers vaporizers, gear and ID cards for Continuing North you can’t miss the massive, ornate Fox Theater on the left, qualified individuals with valid documentation. in the middle of a costly restoration project. At the end of the block and across Keep strolling south to 15th street, then turn East once again. On the South side of the street you will see the Oaksterdam Gift Shop, which also houses the Oaksterdam News. Continue up 15th to Webster, and turn north past the YWCA to see the Green Door dispensary sign in a tall-windowed building at 1521 Webster, covered with for lease signs. Further north, you’ll turn left on 17th and walk west along the tree-lined street. Under a red canopy is SR-71, another licensed and operating dispensary. Two other active dispensaries are further out, one on Broadway and the Oakland Compassionate Healing Center at 578 W. Grand Ave. Turn back east on 17th one block and turn left on Harrison, to the north. At 19th you will see beautiful Snow Park to the right and cut across diagonal to Lakeside Drive and on the other side is Lake Merritt. There is a walking path that leads into the park surrounding the lake. In the park you can find the boat house where sailboats, paddleboats canoes and kayaks can be rented for a few dollars. You can walk the trail around the lake and catch scenic vistas or rent a gondola for a romantic sunset cruise.

Make Oaksterdam more pedestrian friendly • Observe 25 mph speed limit •Watch out for pedestrians crossing against lights and for jaywalkers • Yield to peds when turning, check adjacent crosswalk before turning • Check sidewalks when entering and exiting garages and parking lots • Check your mirror before opening your car door when parked on street • Pedestrians, watch for turning cars and keep out of drivers’ blind spots.

Show pride in Oaksterdam: Keep it clean! Please do not litter while visiting the Oaksterdam District — always pick up your trash. A city ordinance requires that storefronts keep the sidewalk in front of their business clean, so do your part. Report any persistent garbage problems to keep Oaksterdam clean and attractive. Page 8. Oaksterdam News. July – September 2005. National Organization for the Reform of Marijuana Laws: Reform activists from around the country get all fired up at SF conference an appreciative audience. Former NFL football star Mark Stepnoski mingled with the crowd that included scores of notables, including locals Angel Raich and WAMM’s Valerie Corral, the news crew and many, many more. Much of the networking activity took place around the display tables and booths in the hallway, or at the aromatic and dry-mouth inducing par- ties that kept people up and talking NEW HAND ON THE HELM — NORML’s new national director, Allen St. Pierre, wel- comes attendees to the voter initiative panel that covered recent electoral measures in into the wee hours, only to get up early more than six states. Susan Stephenson of Oakland is at left. Photo: Chris Conrad for the next day’s presentations. The packed agenda included talks By Justin Baker “one of the most ‘NORML-friendly’ and workshops focusing on the nuts A PLACE YOU MIGHT WANT TO GO — The smell of freedom hung heavy in cities in America” with a reputation and bolts of political organizing, from TV travel host Rick Steves encouraged for fun and education. “If a person is the many electoral initiatives that were activists to keep up their efforts to gain the air at the National Organization for equal rights for cannabis consumers. the Reform of Marijuana Law’s well- serious about changing America’s being pursued around the nation to attended annual conference when it misguided cannabis laws, the annual educating the community to structured came to San Francisco in March. NORML conference is the place for legal challenges and how to be more NORML holds its annual conven- tion and awards ceremony each spring The group’s new executive director medical cannabis patients, cannabis effective in lobbying officials. and hosts a legal seminar for attorneys Allen St. Pierre said this “marks consumers and concerned citizens.” Panels ranged from the federal/ in December. For more information on NORML’s return to the Bay area, Sure enough, hundreds came to state schism over medical marijuana its activities, visit www.norml.org. which was host to our highly success- hear best-selling author and TV travel to cultivation tips and changing the ful 2002 and 2003 annual gatherings, guru Rick Steves describe how using image of cannabis users to reflect their and gave attendees a unique opportu- cannabis is like going on a travel mainstream nature. Women activists nity to network with other marijuana adventure with new sights, sounds and were prominently featured, and in law reformers.” sensations. “High is a place you might higher numbers than in past years, as St. Pierre called San Francisco want to go sometimes,” he quipped to St. Pierre had promised its members. MMPU Medical Marijuana Patients Union “Eye of the Storm” POB 2059, Fort Bragg CA 95437 707-964-YESS www.mmpu.org [email protected] Oaksterdam News. July – September 2005. Page 9 Study clears cannabis smoke as a threat of lung cancer By Fred Gardner joint years (joints per day x 365). Marijuana smoking — “even heavy Controls were found based on age, long term use” — does not cause can- gender and neighborhood. cer of the lung, upper airways, or Among them, 46% had never used esophagus, Dr. Donald Tashkin report- cannabis, 31% had used less than one ed at a meeting of the International joint year, 12% had used 10-30 j-yrs, Cannabinoid Research Society. 2% had used 30-60 j-yrs, and 3% had Coming from Tashkin, this conclu- used for more than 60 j-yrs. sion had extra significance for the Tashkin controlled for tobacco use assembled drug-company and univer- and calculated the relative risk of sity-based scientists, most of whom cannabis use resulting in lung and get funding from the US National upper airwaves cancers. All the odds Institute on Drug Abuse. It is ratios turned out to be less than one Tashkin’s research that the Drug (one being equal to the control group’s Czar’s office cites in ads attempting to chances). Compared with subjects link marijuana to lung cancer. who had used less than one joint year, Over the years, Tashkin’s lab at the estimated odds ratios for lung can- UCLA has produced irrefutable evi- cer were .78; for 1-10 j-yrs, .74; for dence of the damage that marijuana 10-30 j-yrs, .85 for 30-60 j-yrs; and REEFERETTES IN OAKSTERDAM — Two of Jimmy Buffet’s backup singers came to 0.81 for more than 60 j-yrs. The esti- Oaksterdam to see the sights during his latest concert tour. Here Reeferettes Heather smoke has on bronchial tissue. With and Tina visit with Mikki Norris (center) outside the Bulldog Coffeeshop. NIDA’s support, Tashkin and col- mated odds ratios for oral/pharyngeal leagues have identified potential car- cancers were 0.92 for 1-10 j-yrs; 0.89 cinogens in cannabis smoke, biopsied for 10-30 j-yrs; 0.81 for 30-60 j-yrs; Mayoral race heats up sidewalk cannabis cafes to make the and made photomicrographs of pre- and 1.0 for more than 60 j-yrs. area safer and busy on weekends. malignant cells, and studied molecular “Similar, though less-precise By Richard Lee Mayoral Candidate Dan Siegel also changes occurring within them. results were obtained for the other Will Ron Dellums run for mayor of endorsed Measure Z and has been Tashkin himself had long believed cancer sites,” Tashkin reported. “We Oakland? If he does he will be one appointed to the Oakland Cannabis in a causal relationship, despite a found absolutely no suggestion of a more candidate that supports taxing Regulation and Revenue Ordinance study in which Stephen Sidney exam- dose response.” The data on tobacco and regulating cannabis for adults, Oversight Committee by councilper- ined the files of 64,000 Kaiser patients use revealed “a very potent effect and similarly to alcohol. son Desley Brooks. When harassed for and found that cannabis users didn’t a clear dose-response relationship — a Dellums (US Rep. 1970-1998) has having a small amount of cannabis, he develop lung cancer at a higher rate or 21-fold greater risk of developing lung been an advisory board member of the did not see it as a liability to his cam- die earlier than non-users. Of five cancer if you smoke more than two National Organization for the Reform paign, after 65% of Oakland voted last smaller studies on the question, only packs a day.” Similarly high odds of Marijuana Laws, NORML. He has year to end cannabis prohibition. two — involving a total of about 300 obtained for oral/pharyngeal cancer, announced an exploratory committee Even long time medical marijuana patients — concluded that marijuana laryngeal cancer and esophageal can- for the mayor’s race, and Oakland is opponent, councilman Ignacio DeLa smoke may cause lung cancer. Tashkin cer. “So, in summary” Tashkin con- buzzing with the possibilities of this Fuente sees that to become Oakland’s decided to settle the question by con- cluded, “we failed to observe a posi- curve ball no one saw coming. Mayor he will have to soften his oppo- ducting a large, case-controlled, tive association of marijuana use and Nancy Nadel, Oaksterdam’s city sition to treating cannabis consumers prospectively designed, population- other potential confounders.” councilperson and the presumed front- the same as alcohol patrons. During a based study. “Our major hypothesis,” There was time for only one ques- runner, endorsed Measure Z and has recent meeting with Cal Norml he told the ICRS, “was that heavy, tion, said the moderator, and San been working to see it implemented. Executive Director Dale Gieringer, De long term use of marijuana will Francisco oncologist Donald Abrams, She has led the effort to revitalize the La Fuente repeated that he was now increase the risk of lung and upper-air- M.D., was already at the microphone: Uptown area into a pedestrian friendly “open minded and practical” on the waves cancers.” “You don’t see any positive correla- arts and entertainment district for issue of cannabis law reform. The Los Angeles County Cancer tion, but in at least one category many years. Plans for the area include Whoever wins next summer, it Surveillance program provided [cannabis-only smokers and lung can- widening sidewalks to allow cafes appears that the new mayor will be an Tashkin’s team with the names of cer], it almost looked like there was a space for outside seating. This dove- improvement over Mayor Brown, who 1,209 L.A. residents aged 59 or negative correlation, i.e., a protective tails with the Oaksterdam vision of is now running for Attorney General. younger with cancer (611 lung, 403 effect. Could you comment on that?” oral/pharyngeal, 90 laryngeal, 108 “Yes,” said Tashkin. “The odds esophageal). ratios are less than one almost consis- Interviewers collected extensive tently, and in one category that rela- lifetime histories of cannabis, tobacco, tionship was significant, but I think alcohol and other drug use, and data that it would be difficult to extract on diet, occupational exposures, fami- from these data the conclusion that Marijuana. ly history of cancer, and various marijuana is protective against lung “socio-demographic factors.” Ex- cancer. But that is not an unreasonable posure to cannabis was measured in hypothesis.”

It’s Not for Kids.

Join the Oaksterdam News in encouraging young people not to use cannabis until adulthood, and in reminding adults to consume it responsibly. Page 10. Oaksterdam News. July – September 2005. on May 4 to lobby for its passage. Cannabis patients Within days of the vote, the DEA re-arrested California attorney Dale told that relief lies Schafer and his wife, Dr. Marion “Molly” Frye, on prior charges of with US Congress helping patients obtain cannabis. Several dispensaries and their sup- Continued from page 1 pliers have since been raided, as well. Six weeks later, the barely-functional Congressman Barney Frank (MA) state patient ID program was put on subsequently introduced HR 2087, the hold for a few days to consider if it “States Rights to Medical Marijuana might violate federal law or collect Act,” that would enable physicians to data that would put patients at risk of prescribe cannabis and direct the DEA federal prosecution, then restored. to honor medical marijuana in states Oregon had earlier suspended its WAMM SUPPORT RALLY — Hundreds of that adopt such laws. The bill is not patients and supporters held a rally July 16 in state-run patient registry for a few expected to pass. Santa Cruz for the Wo/Men’s Alliance for Medical days, then quickly recommenced. Some Republicans still believe that Marijuana. Several public officials spoke out in In an unusual twist, the High Court support of the coop. Photos: Chris Conrad Bush will act on his 2000 campaign Expecting its injunction concluded its Raich opinion by urging statement, “medical marijuana, that’s against federal raids to Congress to change the law, noting the a matter of States’ Rights,” and order be rescinded in the wake of the Raich ruling, Mike and “procedures for the reclassification of the DEA or Department of Justice to Valerie Corral said that WAMM is shifting from a single, large cooperative cannabis garden to find other ways to supply Schedule I Drugs. Perhaps even more do reschedul cannabis and change fed- important than these legal avenues is patient-members. They remain confident and said they plan eral law. Given his personal and fami- to file for a new injunction based on substantive due process. the democratic process, in which the ly history of drug use, that may seem Inset: Valerie is warmly comforted by her mother. voices of voters allied with these reasonable , but critics point to Bush’s Right: Memorial placards for WAMM patients who have died. respondents may one day be heard in long history of false promises and the halls of Congress.” hypocrisy as being unfavorable to the It held that even non-commercial, chance he would make such a move. private medical use within a state falls What does all this mean for After Raich, cannabis the press that the clubs were being under the federal interstate commerce California patients and caregivers? prosecuted primarily for failure to pay taxes, not for medical marijuana sales. authority. Without ruling on the con- The State Constitution binds its dispensaries continue to stitutionality of the Controlled Sub- agencies to uphold and defend state operate across state Another apparently isolated raid in stances Act (CSA), the Court said law, even if in conflict with federal Sacramento came July 7 on the heels there is a credible risk that medical law. Lockyer wrote in a April 6 brief Continued from page 1 of nuisance complaints against a dis- marijuana could end up being sold in on a “return of property” case, “both Oakland has reissued four cannabis pensary there. Americans for Safe the illicit market and thereby rational- generally and in the specific context of dispensary permits and will collect Access and other groups held protests ized using federal police powers. interpreting the Compassionate Use $80,000 in annual permit fees plus against both raids, accusing law The limited, technical ruling did Act — it is not the province of state business and sales taxes that could enforcement of violating California not consider medical studies on courts to enforce federal laws.” exceed $250,000 this year alone. patients’ right to obtain cannabis. cannabis, or if patients can present a However, the reciprocal relation- While San Francisco police did get Meanwhile, a medical marijuana medical necessity or substantive due ship between various jurisdictions will assistance from the DEA June 22 to retailer reopened its doors recently process defense. It did give credence continue to be a problem until Con- close three dispensaries that had a long while fighting a LA police intrusion to the validity of Raich and Monson’s gress or the administration acts. In the history of run-in’s with local police, into West Hollywood’s jurisdiction. medical benefit, adding, “The authori- meantime, Sheriff Tony Craver of the City is working on regulations for No criminal charges have been filed ty to grant permission whenever the Mendocino County repeats his famous the remaining 40 cannabis outlets cur- against them since the early May raid, doctor determines that a patient is mantra for cannabis providers of all rently operating there. After raiding when a commercial quantity of canna- afflicted with ‘any other illness for ilk: “Think small or think DEA.” the three clubs, the DEA announced to bis was seized. which marijuana provides relief,’ is The State Board of Equalization is broad enough to allow even the most expected to rule this fall on how and scrupulous doctor to conclude that CA Law enforcement ordered to follow state law when sales tax is to be collected on some recreational uses would be ther- California Attorney General John Lockyer’s office issued a June 9, 2005 “bul- medical marijuana. apeutic.” However, it held that there letin to all california law enforcement agencies.” It read in part: are other avenues of relief available “Legal staff in our office have reviewed carefully the Raich decision, and it without overturning the CSA. is our opinion that California’s Compassionate Use Act is not preempted by fed- Congress responded June 15 with a eral law (the Controlled Substances Act) as a result of this decision. Therefore, R.I. Senate moves MMJ 264 to 161 vote against the Hinchey- it is our conclusion that the use of medicinal marijuana under state law is unaf- Rhode Island lawmakers took a Senate Rohrabacher amendment to cut funds fected by Raich. Accordingly, California law enforcement agencies should not, vote 28 to 6 to override the governor’s for DEA raids on medical marijuana. because of Raich, change their current practices for the non-arrest and non-pros- veto of medical marijuana legislation. Raich and TV talk show host Montel ecution of individuals who are within the legal scope of California’s The House agreed to an override Williams joined scores of advocates Compassionate Use Act.” vote, but had not voted by press time.

Americans for Safe Access 1322 Webster St Suite 208 Oakland, CA 94612 216 Laurel St. Phone: 510-251-1856 Santa Cruz CA 95060 Toll free 1-888-929-4367 www.compassionflowerinn.com Fax: 510-251-2036 831-466-0420 www.safeaccessnow.org

Legal problem involving cannabis? YOUR BUSINESS CARD SIZE AD COULD BE HERE Chris Conrad (for just $100). Court-qualified Cannabis Expert Call Jaime to arrange your ad. Consultations • Declarations 510-836-NEWS (6397) Depositions • Testimony www.chrisconrad.com And get a free online listing to boot, at 510-215-8326 www.oaksterdamnews.com Oaksterdam News. July – September 2005. Page 11 Federal jurors’ dilemma: Is nullification the next step? Continued from page 1 Congress will act to protect these patients. In some areas, particularly the San Francisco/Oakland area of Northern California, it seems likely that jury nullification may be an increasing threat in federal marijuana cases. In 2003, jurors revolted after convicting Ed Rosenthal of growing 100 pounds or more of cannabis in a highly disput- ed San Francisco federal case.

In some areas, particularly the San Francisco/Oakland area, it seems that jury nulli- fication may be an increasing JURY REVOLT — Left to right: San Francisco DA Terrence Hallinan, Jane Klein, her husband Ed Rosenthal and daughter Justine, juror Pam Klarkowski and jury foreman Charles Sackett, at microphone, held a February 2003 press conference to denounce the threat in federal cases. guilty verdict that was handed down in Rosenthal’s federal cannabis trial. Jurors revolted after learning that facts such as medical intent and local approval of Rosenthal’s actions were not included in “the whole truth” jurors were allowed to hear. Photo: Chris Conrad The jury was outraged that they had not been informed that Rosenthal policy, as well as doctor and patient or grant a new trial. However, in the California, it would be difficult to was growing the cannabis for distribu- rights, and indeed your own family, glare of negative publicity, Judge imagine putting together a jury of 12 tion to medical dispensaries. Juror are irrelevant to this case.” Breyer eventually gave Rosenthal - people without including at least one Marney Craig, a 58 year old Marin Following Rosenthal’s conviction, whom the federal government wanted medical marijuana supporter. County property manager, labeled the five of the jurors joined Rosenthal on to send to prison for six and a half Such a person could simply refuse trial “a cruel charade.” the steps of the Federal Courthouse, years — a startling one-day sentence. to convict, claiming to find the evi- “It is the most horrible mistake I denouncing their own verdict, saying The Rosenthal jurors convicted dence unconvincing, and thereby have ever made,” she told the national they had been manipulated and misdi- without being aware of their nullifica- avoid a conviction. Any acquittals press. “I feel like we were sheep, we rected, and demanding that Rosenthal tion prerogative; in fact one had been and/or hung juries would successfully were manipulated.” receive a new trial. erroneously advised by an attorney announce to other potential jurors that Foreman Charles Sackett said, “I Not surprisingly, the trial court that no such power exists. they simply do not have to convict. In fail to understand how evidence and judge, Charles Breyer (brother of U.S. However, the Rosenthal case made short, a few recalcitrant “stealth” testimony that is pertinent, imperative Supreme Court Justice Steven Breyer) the issue of jury nullification a front jurors could cut government prosecu- and representative to state government refused to consider the jurors protests page item — and cast it in a positive tion efforts off at the knees. light for millions of Americans. Moreover, should jurors decide not Articles on the jury revolt, often to convict in cases of this sort, including statements by Sackett and Congress might be spurred on to final- others that jury power would play a ly pass a law exempting state-author- large rule in future trials, were carried ized medical marijuana patients from by the New York Times, Newsday, the prosecution. Washington Post, Reuters, the San The acquittal of John Peter Zenger Francisco Chronicle, San Francisco paved the way for the reform of Examiner, Oakland Tribune, the English libel law, and as the acquittals Chicago Tribune, the of abused women in “burning bed” and elsewhere. The jurors themselves cases paved the way for battered appeared on numerous nationally tele- woman syndrome defenses, have vised news broadcasts. shown that jury nullification can fore- Will medical marijuana advocates, shadow dramatic changes in the law. such as Americans for Safe Access, Independent jurors could force a NORML and Green-Aid, find that change in the way our drug laws treat educating the jury pool in their nullifi- seriously ill people who smoke cation prerogative is their only way to cannabis to relieve suffering and pro- defeat the federal efforts to steam- long their lives. roller their home-grown velvet revolu- Conrad ([email protected]) is author of tion? It wouldn’t be an unreasonable Jury Nullification: The evolution of a doc- choice. Particularly in Northern trine. (Carolina Academic Press, 1998) Page 12. Oaksterdam News. July – September 2005.