Jun 18 2012

ASA letter to the LA City Council is a trick

Posted by J. Craig Canada in business, distribution, law, legalization, politics
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Email from Letitia Pepper received 16 Jun 2012

Don’t Use ASA’s easy, union-based e-mail letter to the LA City Council!

 

It’s a TRICK!

ASA makes it sound like there are only TWO choices: a BAN or REGULATIONS that LIMIT COMPETITION to only 100 dispensaries! That’s not true!

The only automated ASA e-mail you can send asks the LA City Council to limit dispensaries to 100! That’s BAD for patients! (Competition is GOOD!)

Under Prop. 215, local governments cannot either ban or limit competition of dispensaries, just like they can’t ban or limit competition among pharmacies! Prop. 215 gives us as much right to use cannabis as to use prescription drugs, which means dispensaries have as much right to exist as pharmacies. Under Prop. 215, bans and limits are ILLEGAL!

Right this minute, we medical marijuana patients are close to winning this ban issue! The California Supreme Court has taken up two conflicting Court of Appeal decisions, one that says bans are legal (out of Riverside), and one that says they are not legal (out of conservative Orange County, no less!), and it is going to decide the issue once and for all very soon.

The California Supreme Court will decide that the bans are not legal under Prop. 215 – just like it decided in People v. Kelly that the limits on quantities set by SB 420 weren’t legal, because they violated Prop. 215. Here’s why:

Prop. 215 specifically only allows the government to adopt laws that further the purpose of Prop. 215, and that purpose was each, individual patient’s safe and affordable access to cannabis. The local bans do just the opposite, so they are illegal under Prop. 215.

Don’t be tricked into actually ASKING your local government to F*** you by limiting dispensaries!

Want to hang onto your Prop. 215-given rights, and stop the LA City’s “Sophie’s Choice” of either a ban or limitations?

Instead of using the ASA form letter, try this:

  • · Look up your city councilmember’s e-mail address here:

http://www.lacity.org/YourGovernment/CityCouncil/index.htm

  • · E-mail (or call – the phone numbers are listed on the city’s website, too) the council members and say:

“I am a medical marijuana patient, with the constitutional and civil right under Proposition 215 to use cannabis instead of prescription drugs.

“You can no more ban or limit my access to medication than you could ban or limit pharmacies!!

“I demand EQUAL PROTECTION! Stop treating cannabis like it’s illegal! It’s 100 percent legal as medicine under state law, and local governments are forbidden to try to treat it according to federal law. (City of Garden Grove v. Superior Court (Kha) (2007) 157 Cal.App.4th 355, 374.)

“If you ban or limit dispensaries, you will be sued under Prop. 215 – and you will lose!”

This message was brought to you by Letitia Pepper, Esq., medical marijuana patient (for multiple sclerosis), attorney with almost 30 years experience, Director of Legal and Legislative Analysis for the Sacramento-based nonprofit, Crusaders for Patients’ Rights (“CPR”), and opponent of Prop. 19, AB 2312, and of all efforts to ignore or destroy Prop. 215, the best medical marijuana law in the country. CPR recently sued the County of San Bernardino over its ban of dispensaries and outdoor cultivation – and we are going to win.

Questions? cprsocal@yahoo.com; (951) 781-8883

Marijuana Law Faces Lawsuit – The San Bernardino Sun | 12 Jun 2012

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