Sgt Greenbud
Member
ASA Lawsuit Settlement Yields Binding "Consent Decree" and $75,000 in
Legal Fees
California's medical marijuana patients are now protected from arrest
and seizure of their marijuana, thanks to a binding agreement between an
advocacy group and state officials.
The signed agreement settles a lawsuit filed last February against the
California Highway Patrol by Americans for Safe Access (ASA) on behalf
of qualified medical cannabis patients who had lost their medicine in
CHP traffic stops. CHP had a policy of seizing any cannabis found,
regardless of whether the officer was shown patient documentation or
not.
On August 22, 2005, as a result of the lawsuit, CHP adopted a new policy
that respects the rights of qualified patients to possess and transport
medical cannabis. The new settlement agreement - signed by CHP officials
and counsel for Attorney General Bill Lockyer and Governor
Schwarzenegger - makes binding the policy adopted last year. Qualified
patients, whether they have a state ID card or not, are allowed to have
either the quantities specified by SB420 or the local county guideline
amounts, whichever is greater.
"We're urging local officials around the state to adopt similar law
enforcement policies," said Kris Hermes, ASA legal campaign director.
"Medical cannabis patients have rights under the law that must be
respected, and this consent decree acknowledges that."
As part of the settlement, ASA received reimbursement of $75,000 in
legal fees for prosecuting the case. ASA received the money yesterday.
"California's private attorney general statute encourages concerned
citizens to fix flawed policy through litigation and allows for the
award of attorney fees where appropriate," said Joe Elford, ASA Chief
Counsel. "This case corrects an egregious policy that completely ignored
the right of sick and dying Californians to possess marijuana for
medical use."
The new consent decree is at
http://www.safeaccessnow.org/downloads/CHP_Settlement.pdf.
A photo of ASA staff members with an enlargement of the $75,000 check
can be seen at http://www.safeaccessnow.org/img/original/CHP_
Settlement.jpg.
The CHP policy that went in to effect in August 2005 is at
http://www.safeaccessnow.org/downloads/CHP_policy_update.pdf.
With more than 30,000 members, Americans for Safe Access (ASA) is the
largest national member-based organization of patients, medical
professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic uses and research.
_______________________
_______________________
Caren Woodson
Americans for Safe Access
www.SafeAccessNow.org
Legal Fees
California's medical marijuana patients are now protected from arrest
and seizure of their marijuana, thanks to a binding agreement between an
advocacy group and state officials.
The signed agreement settles a lawsuit filed last February against the
California Highway Patrol by Americans for Safe Access (ASA) on behalf
of qualified medical cannabis patients who had lost their medicine in
CHP traffic stops. CHP had a policy of seizing any cannabis found,
regardless of whether the officer was shown patient documentation or
not.
On August 22, 2005, as a result of the lawsuit, CHP adopted a new policy
that respects the rights of qualified patients to possess and transport
medical cannabis. The new settlement agreement - signed by CHP officials
and counsel for Attorney General Bill Lockyer and Governor
Schwarzenegger - makes binding the policy adopted last year. Qualified
patients, whether they have a state ID card or not, are allowed to have
either the quantities specified by SB420 or the local county guideline
amounts, whichever is greater.
"We're urging local officials around the state to adopt similar law
enforcement policies," said Kris Hermes, ASA legal campaign director.
"Medical cannabis patients have rights under the law that must be
respected, and this consent decree acknowledges that."
As part of the settlement, ASA received reimbursement of $75,000 in
legal fees for prosecuting the case. ASA received the money yesterday.
"California's private attorney general statute encourages concerned
citizens to fix flawed policy through litigation and allows for the
award of attorney fees where appropriate," said Joe Elford, ASA Chief
Counsel. "This case corrects an egregious policy that completely ignored
the right of sick and dying Californians to possess marijuana for
medical use."
The new consent decree is at
http://www.safeaccessnow.org/downloads/CHP_Settlement.pdf.
A photo of ASA staff members with an enlargement of the $75,000 check
can be seen at http://www.safeaccessnow.org/img/original/CHP_
Settlement.jpg.
The CHP policy that went in to effect in August 2005 is at
http://www.safeaccessnow.org/downloads/CHP_policy_update.pdf.
With more than 30,000 members, Americans for Safe Access (ASA) is the
largest national member-based organization of patients, medical
professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic uses and research.
_______________________
_______________________
Caren Woodson
Americans for Safe Access
www.SafeAccessNow.org
