Monday, January 23, 2012
Wednesday, January 18, 2012
From the desk of Frank Lucido MD:
Let’s Get This Done...
REPEAL CANNABIS PROHIBITION !
Help Pass the Repeal Cannabis Prohibition Act of 2012
We need supporters NOW
Help us collect 505,000 valid signatures to get this initiative on the ballot
What You Can Do:
- Pass this email on to everyone you know
- Donate Now! To Repeal Cannabis Prohibition we need $1.25 million for this campaign.
We Can Do This
The Time Is Now
Donate, Volunteer, Download Petitions online at:
or mail checks made out to "Sensible California" to:Sensible California
360 Grand Ave., #361
Oakland, CA 94610
Frank H. Lucido MD
ps: Save the date: January 28, for our next major fundraising celebration.
space limited to first 100 major donors
East Bay Location given on RSVP
Monday, January 9, 2012
DrFrank/RCPA need your HELP! Save Jan. 28 on your calendar for next major donor event
You know who you are: those of you who always say "Thanks for all you do!"
WELL I CAN'T DO IT WITHOUT YOUR HELP,
and it's time for you to stand with me to
Repeal Cannabis Prohibition !
Those who can help by donating $1,000 (or getting such donations from your own network) will be treated to a special night of festivities on Saturday, January 28, 7pm-MN. (Location to be announced on RSVP)
Now I know that almost NOBODY has an extra $1,000 lying around.
But you ALL have a network of friends who agree with you and me, that NO ONE SHOULD GO TO JAIL FOR MARIJUANA.
Let's do something about it this year.
Our Repeal Cannabis Prohibition Act 2012 campaign is picking up steam.
We have had some major donors contribute to get our campaign website up and running and getting our PAC set up, and we are now ready to begin our signature/petition drive to collect 505,000 valid signatures.
Please pass this along to your own network of activists and potential donors and volunteers.
As you can see below, we will need $1.25 million for this campaign, and I have pledged to raise $100,000 from my own network of friends and supporters in the next 2 weeks.
Please read cover letter below, and the attached Fundraising kit, and respond ASAP to get RCPA on the ballot, and make history this Fall!
Donate and Volunteer online at:
or mail checks to:
360 Grand Ave., #361
Oakland, CA 94610
ps: below is our "Fundraising Kit" with our RCPA funding request, info on our co-proponents, and the full text of RCPA 2012.
January 9, 2012
Dear Cannabis Reform Advocate,
We invite you to join us on our historic journey to end cannabis prohibition and embark on a new world where cannabis use is no longer a crime. 2011 marked the 100-year prohibition of cannabis, and the Repeal Cannabis Prohibition Act of 2012 (RCPA 2012) will ensure that it is the last. It will take an enormous effort by cannabis reform advocates like yourself, and/or your organization, to make cannabis freedom a reality in California, and eventually the nation. Your support and generous donations made at www.RepealCannabisProhibition.org will ensure that we have the resources to end cannabis prohibition.
RCPA 2012’s immediate goal is to raise at least $1000 from 100 major supporters and organizations to get the campaign started on the right foot. Can you help us to reach this goal? By donating to this effort you will be using your resources to end the disastrous policy of cannabis prohibition, and those resources will be used to put the best initiative on the ballot to accomplish this monumental task. We owe it to our communities, to our friends and families, and to ourselves to put our best foot forward and ensure cannabis prohibition is finally repealed in 2012.
What RCPA does for Californians:
* Repeals harmful and unfair criminal penalties for cannabis for adults 19-years or older.
* Ensures strict controls are in place to avoid distribution to minors and discourage impaired driving.
* Allows for the California Cannabis Commission to develop policies for distribution and taxation.
* Promotes a more genuine and professional medical distribution system, maintaining all rights for qualified patients.
Your donation will go a long way towards ensuring another person is never imprisoned for a safe, enjoyable and helpful plant. Millions of Californians are depending on us. We will begin gathering signatures in January with both paid signature gatherers and a motivated volunteer force. We will have until April 12th to complete the task of gathering at least 800,000 signatures of registered California voters, so it is important that we start strong and continue to build momentum. We need your help.
Please donate $1000 or more now, and become a major supporter of the RCPA 2012 campaign kick off. We look forward to your partnership in this historic effort. Please help us end cannabis prohibition today. Included in this packet you will find the RCPA 2012 fact sheet and biographies of the proponents and co-chairs. We have assembled a team of legal minds, dedicated activists, and cannabis industry professionals to oversee and direct the campaign efforts, and we are happy to answer any questions you may have about the Repeal Cannabis Prohibition Act of 2012. Thanks you so much for your time and your support. Together we will make history and end the failed policies of cannabis prohibition.
Please contact our co-chairs, Debby Goldsberry at 510.812.9538 and Susan Soares at 310.923.3857 for information on donating, gathering signatures, organizing fundraisers, or with any questions you may have about RCPA 2012. We appreciate your time and consideration on this important matter.
William G. Panzer, Esq. Repeal Cannabis Prohibition Act 2012, Co-proponent
360 Grand Avenue, #361,
Oakland, CA, 94610
Why the Repeal Cannabis Prohibition Act 2012 (RCPA 2012)?
When the steering committee assembled to draft RCPA 2012, among them were three attorneys who regularly practice cannabis law in California. The goal was to insure that RCPA 2012 would be interpreted exactly as written and implemented promptly. This proposed statute is crafted to actually accomplish what is intended, which is to create good law. They joined forces with a dedicated physician and legendary cannabis activist to ensure the language embodied the essence of the cannabis reform movement. RCPA 2012 will withstand legal challenges and finally end cannabis prohibition for adults in California.
What does RCPA 2012 do?
RCPA 2012 is precise and simple. It repeals current state criminal laws prohibiting the personal possession, use, transportation, and cultivation of cannabis by adults 19 years of age and older. During the first 180-days following the passage of the Act, the Legislature is authorized to create the California Cannabis Commission. This Commission will develop appropriate regulations for the commercial production and sales of cannabis, including licensing and taxation. Individuals are allowed to possess up to three pounds and grow a 100 sq. ft. canopy without being subject to regulations. It maintains penalties for possession by persons under 19, distribution to persons under 19, and driving while impaired.
How will RCPA 2012 affect medical patients?
RCPA 2012 emphatically protects the rights that medical users of cannabis presently enjoy under both Proposition 215, "the Compassionate Use Act of 1996" and SB420, "the Medical Marijuana Program Act". RCPA 2012 specifically states this in the body of the proposed law, and further by significantly limiting the ability of local communities to ban dispensaries or cultivation.
What about the Federal Government?
While it is true that no state statute can limit the federal government's authority to implement and impose federal law, RCPA 2012 effectively deals with the federal issue. The federal government cannot legally prevent California from repealing its own prohibition laws. Of course the feds could challenge any regulations promulgated by the California Cannabis Commission under a theory called "Obstacle Preemption". Should the feds be successful in this regard, however, they could only strike the proposed regulation of production and sales. They could not challenge the repeal of prohibition itself. In such a case, production and sale of cannabis would be no more regulated then the production and sale of tomatoes under state law. As a result, the feds would be faced with a difficult choice: either let California regulate production and sales, or all enforcement of cannabis prohibition would have to be accomplished by the feds alone. This is precisely the method employed by New York State near the end of alcohol prohibition.
A law is only effective if it has been properly translated into "legalese." Any vagueness or ambiguity in a proposed law may lend itself to an interpretation down the line that is very different from what was first intended. Acknowledging that this is often the case with questionably drafted Initiatives, RCPA 2012 was written with an eye towards implementation, and was crafted to assure that it would be interpreted by courts in the manner intended.
RCPA 2012 Biographies
William Panzer co-proponent/co-author
William G. Panzer has been practicing law in the Bay Area for over twenty years, specializing in cannabis defense. He is a co-author of California's Prop 215, the nation's first law legalizing the use of cannabis by patients pursuant to a physician's recommendation. In his practice he has represented patients, growers, and medical cannabis dispensaries throughout California in state and federal court, at both the trial and appellate level. He has lectured at numerous NORML legal seminars, conferences and other events on cannabis law and related issues. He is also on California NORML’s Board of Directors and has been a member of the NORML Legal Committee for over 25 years. A little known fact is that Bill represented the first Prop. 215 martyr who died from lack of medicine during his criminal prosecution.
Joe Rogoway co-proponent/co-author
Joe Rogoway has dedicated his practice to defending those whose lives the government seeks to destroy through criminal prosecution. Joe is admitted to practice in California and Federal courts. After graduating from UC Santa Cruz, Joe received his Juris Doctorate from the University of San Francisco School of Law. Mr. Rogoway is focused on protecting people and ensuring that their rights are fully realized.
His stated goal is never to have to represent another cannabis client. He has vigorously sought to end cannabis prohibition and was co-author with Omar Figueroa of the California Cannabis Initiative 2010, precursor to the present repeal initiative. He is currently in private practice in Santa Rosa California.
Pebbles Trippet co-proponent/co-author
As a migraine patient from the age of five, Pebbles Trippet worked together with Dr Tod Mikuriya on the 1972 California Marijuana Initiative to decriminalize personal use. Pebbles' partnership with Dr. Mikuriya continued between 1990 -2000, since the law changed, when she was prosecuted for transportation of marijuana, even after Dr. Mikuriya testified that he would prescribe marijuana for her condition if allowed by law. Despite being convicted in three counties, with multiple jail terms, Pebbles won three distinct rulings on appeal in pro per: transportation as an "implicit right,” retroactivity for pending cases, and a ruling that set the quantity standard as to "what is reasonably related" to a patient's medical condition. She has continued her activism and pro per litigation as co-founder of the Medical Marijuana Patients Union in 2000, and as co-author of an Amicus Brief in People v Mower, 2002, of a Cert Petition in People v Trippet, 2004, and of an Amicus Brief in US v Oakland Cannabis Buyers Co-op. She is also co-founder of the policy group, Mendocino Medical Marijuana Advisory Board.
Dr. Frank Lucido co-proponent/co-author
Dr. Frank Lucido has been serving the East Bay community since 1979 with his Family and General Practice located in Berkeley. Since the passage of Prop 215, he is one of the few physicians who has remained in general practice while at the same time performing medical cannabis consultations. He was Angel Raich’s doctor at the time of her challenge to the cannabis laws in the US Supreme Court. He graduated from University of Michigan Medical School, and completed his Family Practice training through UC Davis. He is on the steering committee of the San Francisco Bay Area chapter of Physicians for Social Responsibility, and is a committed anti-nuclear activist.
Omar Figueroa co-proponent/co-author
Omar Figueroa’s passion is defending human beings facing criminal charges in federal, state and juvenile courts, specializing in cannabis, medical marijuana, and cyber crime cases. He shared office space for over ten years with other lawyers at Pier 5 Law Offices in San Francisco, a community of independent sole practitioners specializing in aggressive criminal defense, and was trained by renowned criminal defense lawyer and jury trial master J. Tony Serra, He is the co-founder of the Cannabis Law Institute LLC. He is a member of
the California State Bar, California Attorneys for Criminal Justice, Cannabis Action Network, Americans for Safe Access, Stanford Alumni Association, and a lifetime member of theNORML Legal Committee. He is also a graduate of Gerry Spence's Trial Lawyers College, which is considered the most prestigious and selective trial advocacy college in America. Omar is now in private practice in Sebastopol, California.
Debby Goldsberry co-chair
Debby Goldsberry is a 25-year pioneer of the cannabis industry. Ms. Goldsberry co-founded the Berkeley Patients Group collective, which she directed for eleven years, as well as other non- profit organizations, including Americans for Safe Access, Medical Cannabis Safety Council, and Cannabis Action Network. Ms. Goldsberry was awarded NORML’s Paula Sabine Award for Woman in Leadership, and is the HIGH TIMES Freedom Fighter of the Year for 2011 - 2012. Ms. Goldsberry has extensive experience in cannabis campaigning. During the Proposition 215 campaign, she coordinated the Berkeley signature gathering office, collecting 30,000 signatures, registering 1500 local voters, thus helping secure 86.5% “yes” vote. She also managed the statewide “Get Out the Vote” effort for that campaign. She co-directed Berkeley medical
cannabis initiatives Measure R, JJ, and T, and led a successful recount campaign for Measure R. Ms. Goldsberry also participated in passage of local implementation regulations in Oakland, Berkeley, Albany, San Francisco, and in other cities, as well as in Santa Cruz county.
Susan Soares co-chair
Susan Soares has been an entrepreneur for over 20 years having formed many successful businesses. While the businesses are diverse, Susan’s creativity, motivation, networking ability, leadership, and proven ability to open doors and close deals have been the keys to that success. Being an entrepreneur required that Susan be technologically, financially, politically, and psychologically savvy. Susan is also an activist in the medical cannabis movement and has become known as a producer of successful events with a knack for collaborative relations. Susan is serving as co-chair of the Repeal Cannabis Prohibition Campaign of 2012.
Repeal Cannabis Prohibition Act of 2012
This initiative measure is submitted to the People of the State of California in accordance with the provisions of Article II, Section 8 of the Constitution. This initiative measure adds Chapter 6.7, entitled “Repeal of Cannabis Prohibition,” to Division 10 of the Health and Safety Code.
PROPOSED LAW SECTION 1. Sections 11420, 11421, 11422, 11423, 11424, 11425, 11426, and 11427 are added to the Health and Safety Code, to read:
11420(a). This Act shall be known and cited as the Repeal Cannabis Prohibition Act of 2012. (b)(1) The People of the State of California hereby find and declare that the purposes of the Repeal Cannabis Prohibition Act of 2012 are as follows:
*To ensure that adults have the right to obtain and use cannabis.
*To ensure that adults who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.
*To make cannabis available for scientific, medical, industrial, and research purposes. (2) Nothing in this section shall be construed to supersede legislation prohibiting persons from driving
impaired, nor to condone the diversion of cannabis to minors. (c) “Cannabis” means “marijuana” as defined in Section 11018 and “concentrated cannabis” as defined in
11421(a). The following statutes are hereby repealed from the Health and Safety Code: Section 11054(d) (13), Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361. Section 23222(b) of the California Vehicle Code is hereby repealed. Cannabis related activities are hereby removed from the prohibitions contained within Health and Safety Code Sections 11364.7, 11365, 11366, 11366.5, 11379.6 and 11570.
(b). The repeal of Health and Safety Code section 11360, as related to sales only, will be effectuated within 180 days of passage of the Act in order to allow the California Cannabis Commission the opportunity to enact commercial cannabis regulations.
11422. It shall not be a crime or public offense for an adult, 19 years of age or older, to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.
11423(a). A new state commission is hereby created and shall be named the California Cannabis Commission, which shall be empowered to establish and oversee the regulatory system for the commercial cultivation, manufacturing, processing, testing, transportation, distribution, and sales of cannabis.
This shall include promulgation of regulations to control, license, permit, or otherwise authorize the commercial cultivation, manufacturing, processing, testing, transportation, distribution and sales of cannabis. These regulations shall include appropriate controls on the licensed premises for commercial cultivation, sales and on-premises consumption of cannabis including limits on zoning and land use, locations, size, hours of operation,
occupancy, protection of adjoining and nearby properties, and other environmental and public health controls. These regulations may not include bans of the conduct permitted by this Act. The Legislature is hereby empowered to define the organizational structure and membership of the California Cannabis Commission.
(b) Any regulations created by the California Cannabis Commission may not infringe on the individual rights set forth in this Act. Any taxes, regulations, fines and fees imposed pursuant to this section shall not be imposed on personal amounts of cannabis below 3 pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy per adult provided that the processed cannabis was not sold or purchased pursuant to subdivision (a).
(c) The California Cannabis Commission may regulate the smoking of cannabis in public.
11424. This Act, and all state implementations of this Act, shall preempt enactments of local jurisdictions with the exception that local jurisdictions may enhance the rights and protections of persons involved in cannabis related activities beyond what is delineated by the state or this Act.
11425. This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code §11362.5 through §11362.83.
11426(a). Except as authorized by law, every person under the age of 19 who possesses, cultivates, transports, or distributes cannabis shall be guilty of a misdemeanor or an infraction. (b) Except as authorized by law, every person 19 years of age or older who furnishes cannabis to a person
under the age of 19 shall be guilty of a misdemeanor or infraction. (c) Cannabis related conduct that contributes to the delinquency of a minor shall continue to be punished
by Penal Code section 272. Driving while impaired by cannabis shall be punished by Vehicle Code Sections 23103, 23152(a), and 23153. Impairment occurs when a person's mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
11427. If any word, sentence, clause, or provision of this Act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
Dr Frank Lucido's Blog: PotShots from the Bully Pulpit: Everyone’s Entitled to My Opinion
Medical Cannabis has been legal under state law in California since passage of the California Compassionate Use Act of 1996 ("Prop 215" or California Health & Safety Code 11362.5) under a certain conditions.
Unfortunately, it is still illegal even for legitimate patients, under Federal law (Gonzales v Raich Supreme Court case).
Physicians making appropriate recommendations, are also protected under State law, when acting appropriately.
Furthermore, physicians are also protected Federally by Conant v McCaffrey (Federal District Court) and Conant v Walters (Federal Appellate Court) as long as they do not aid and abet a patient in breaking Federal Law. On further appeal by the Federal government, the Supreme Court declined to take the case. Therefore, physicians are the ONLY ones protected all the way to the Supreme Court, as long as they do not "aid and abet" a patient in breaking Federal law.
The purpose of this blog is to discuss for patients, physicians, caregivers and other patients advocates, who, in my experience, is most protected, and under what circumstances, and to discuss to what extent the inability of the State of California to regulate cannabis (due to Federal threats and interference) has led to the "wild west" atmosphere that the newspapers love to write about (you know: "Man bites dog" will always sell more papers than "Dog bites man".)
This is my effort to "clean up Dodge". I know I am not alone in this. There are good physicians, good caregivers, and lots of sick patients. I aim to let people know how to spot the good, and avoid the others.