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Letter from U.S. Attorney Melinda Haag to the City of Oakland - February 1, 2011

California Chiefs of Police - April 22, 2009

Attorney General of California - January 5, 2009 Letter to Carl Olsen

Attorney General of California - August 2008 Medical Marijuana Guidelines

California Medical Marijuana Seller Information - 2007

State and Federal Conspiracy to Circumvent Medical Marijuana Law - 1996

From: Carl Olsen
Sent: Friday, January 09, 2009 4:57 PM
To: Christopher Krueger, Senior Assistant Attorney General
Subject: RE: Letter from AG of California

 

Dear Mr. Krueger,

Thank you for your letter dated January 5, 2009.  I received a final ruling from the DEA on my petition this week.  A copy is attached to this email.  The DEA claims State medical marijuana laws are not the same thing as "accepted medical use in treatment in the United States."  Apparently, they think the federal government gets to decide what is and what is not accepted for medical use in the United States.  You really owe it to the people of your state to challenge them on this.  The law is not on their side this time.

Thank you!

Sincerely,

Carl Olsen
Iowans for Medical Marijuana
Post Office Box 4091
Des Moines, Iowa 50333
515-288-5798

California Health & Safety Code § 11054

  • (a) The controlled substances listed in this section are included in Schedule I.
  • * * *
  • (d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term "isomer" includes the optical, position, and geometric isomers):
    • * * *
    • (13) Marijuana.
    • * * *
California Court Cases
County of Butte v. Superior Court of Butte County, Third Appellate District, No. C057152 (7/1/2009)
(right to medical marijuana is basis for civil lawsuit against law enforcement for money damages)
People v. Phomphakdy, Third Appellate District, No. C056881 (7/31/2008)
(numerical limits are an unconstitutional amendment to the Compassionate Use Act)
County of San Diego v. San Diego NORML, Fourth Appellate District, No. D050333 (7/31/2008)
(Federal drug law does not preempt California's medical marijuana law)
People v. Kelly, Second Appellate District, No. B195624 (5/22/2008)
(numerical limits are an unconstitutional amendment to the Compassionate Use Act)
City of Garden Grove v. Superior Court, Fourth Appellate District, No. G036250 (11/28/2007)
(Federal drug law does not preempt California's medical marijuana law)

U.S. District Court
California Northern District (Oakland)
CIVIL DOCKET FOR CASE #: 4:11-cv-05349-SBA


Marin Alliance for Medical Marijuana et al v. Holder et al
Assigned to: Hon. Saundra Brown Armstrong
Cause: 28:2201 Injunction
Date Filed: 11/04/2011
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: U.S. Government Defendant
Plaintiff
Marin Alliance for Medical Marijuana represented by David M. Michael
Law Offices of David M. Michael
101 California Street, Suite 2450
San Francisco, CA 94111
415-946-8996
Fax: 877-538-6220
ATTORNEY TO BE NOTICED

Matthew William Kumin
Kumin Sommers LLP
870 Market Street
Suite 428
San Francisco, CA 94102
415-434-4500
Fax: 415 434-8453
Email: matt@kuminsommers.com
ATTORNEY TO BE NOTICED
Plaintiff
John D'Amato represented by David M. Michael
(See above for address)
ATTORNEY TO BE NOTICED

Matthew William Kumin
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
The Jane Plotitsa Shelter Trust represented by Matthew William Kumin
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
The Divinity Tree Patients' Wellness Cooperative, Inc. represented by Matthew William Kumin
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Med Thrive, Inc. represented by Matthew William Kumin
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
The Felm Trust represented by Matthew William Kumin
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Eric Holder
Attorney General of the United States
Defendant
Michelle Leonhart
Administrator of the Drug Enforcement Agency
Defendant
Melinda Haag
U.S. Attorney for the Northern District of California
Date Filed # Docket Text
11/04/2011 1 COMPLAINT with jury demand against Melinda Haag, Eric Holder, Michelle Leonhart ( Filing fee $ 350, receipt number 34611066573.). Filed byMarin Alliance for Medical Marijuana, John D'Amato. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(vlk, COURT STAFF) (Filed on 11/4/2011) (Entered: 11/08/2011)
11/04/2011 2 ADR SCHEDULING ORDER: Case Management Statement due by 2/8/2012. Case Management Conference set for 2/15/2012 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 11/4/2011) (Entered: 11/08/2011)
11/04/2011 3 Summons Issued as to Melinda Haag, Eric Holder, Michelle Leonhart, U.S. Attorney and U.S. Attorney General (vlk, COURT STAFF) (Filed on 11/4/2011) (Entered: 11/08/2011)
11/04/2011 4 Certificate of Interested Entities by John D'Amato, Marin Alliance for Medical Marijuana identifying Other Affiliate Farshid Ezazi for John D'Amato, Marin Alliance for Medical Marijuana. (vlk, COURT STAFF) (Filed on 11/4/2011) (Entered: 11/08/2011)
11/08/2011 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by John D'Amato, Marin Alliance for Medical Marijuana. Motion Hearing set for 12/8/2011 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 11/22/2011. Replies due by 11/29/2011. (Attachments: # 1 Proposed Order)(Kumin, Matthew) (Filed on 11/8/2011) (Entered: 11/08/2011)
11/08/2011 6 Brief: Memorandum in Support re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 7 CERTIFICATE re Efforts to Notice Opposing Counsel re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 8 CERTIFICATE re Efforts to Notice Opposing Counsel re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, re notification to defendants, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 9 Declaration of Matthew Kumin in Support re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction re longer brief length, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 10 Declaration of Lynnette Shaw in Support re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 11 Request for Judicial Notice re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 12 Declaration of Greg Anton in Support re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Attachments: # 1 Exhibit 1)(Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 13 Declaration of John D'Amato in Support re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 14 Declaration of Paul Armentano in Support re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction filed by John D'Amato, Marin Alliance for Medical Marijuana. (Attachments: # 1 Exhibit 1)(Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 15 Declaration of Rick Doblin in Support re 5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana. (Related document(s) 5 ) (Kumin, Matthew) (Filed on 11/8/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/08/2011)
11/08/2011 16 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 11/8/2011) (Entered: 11/08/2011)
11/08/2011 17 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Saundra Brown Armstrong for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on November 8, 2011. (cjl, COURT STAFF) (Filed on 11/8/2011) (Entered: 11/08/2011)
11/09/2011 18 CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 2/15/2012 03:00 PM., via Telephone. Signed by Judge Saundra Brown Armstrong, on 11/9/11. (lrc, COURT STAFF) (Filed on 11/9/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/09/2011)
11/10/2011 19 SUMMONS Returned Executed by Marin Alliance for Medical Marijuana, John D'Amato. Melinda Haag served on 11/9/2011, answer due 1/9/2012; Eric Holder served on 11/9/2011, answer due 1/9/2012; Michelle Leonhart served on 11/9/2011, answer due 1/9/2012. (Kumin, Matthew) (Filed on 11/10/2011) (Entered: 11/10/2011)
11/10/2011 20 NOTICE by John D'Amato, Marin Alliance for Medical Marijuana (Kumin, Matthew) (Filed on 11/10/2011) (Entered: 11/10/2011)
11/11/2011 21 AMENDED COMPLAINT against Melinda Haag, Eric Holder, Michelle Leonhart. Filed byJohn D'Amato, Marin Alliance for Medical Marijuana, The Jane Plotitsa Shelter Trust, The Divinity Tree Patients' Wellness Cooperative, Inc., Med Thrive, Inc., The Felm Trust. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2, # 3 Exhibit #3, # 4 Exhibit #4, # 5 Exhibit #5)(Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/11/2011 22 AMENDED DOCUMENT by John D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust. Amended Certificate of Interested Entities or Persons. (Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/11/2011 23 Second MOTION for Preliminary Injunction, Second MOTION for Temporary Restraining Order filed by John D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust. Motion Hearing set for 11/29/2011 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 11/28/2011. Replies due by 12/5/2011. (Attachments: # 1 Proposed Order)(Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/11/2011 24 AFFIDAVIT in Support by Edward Breyburg filed byJohn D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2)(Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/11/2011 25 AFFIDAVIT in Support re 23 Second MOTION for Preliminary InjunctionSecond MOTION for Temporary Restraining Order by Misha Breyburg filed byJohn D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2)(Related document(s) 23 ) (Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/11/2011 26 AFFIDAVIT in Support re 23 Second MOTION for Preliminary InjunctionSecond MOTION for Temporary Restraining Order by Michael Plotitsa filed byJohn D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2)(Related document(s) 23 ) (Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/11/2011 27 Brief re 23 Second MOTION for Preliminary InjunctionSecond MOTION for Temporary Restraining Order filed byJohn D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust. (Related document(s) 23 ) (Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/11/2011 28 AFFIDAVIT in Support of Motion for Temporary Restraining Order/Preliminary Injunction filed byJohn D'Amato. (Attachments: # 1 Exhibit, # 2 Exhibit)(Kumin, Matthew) (Filed on 11/11/2011) (Entered: 11/11/2011)
11/14/2011 29 SUMMONS Returned Executed by The Felm Trust, The Divinity Tree Patients' Wellness Cooperative, Inc., Med Thrive, Inc., John D'Amato, Marin Alliance for Medical Marijuana, The Jane Plotitsa Shelter Trust. (Kumin, Matthew) (Filed on 11/14/2011) (Entered: 11/14/2011)
11/14/2011 30 Amended Certificate of Interested Entities by John D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust identifying Other Affiliate Paul D. Huang, Other Affiliate Charles C. Huang for The Divinity Tree Patients' Wellness Cooperative, Inc.. (Kumin, Matthew) (Filed on 11/14/2011) Modified on 11/15/2011 (jlm, COURT STAFF). (Entered: 11/14/2011)
11/15/2011 31 RESPONSE (re 23 Second MOTION for Preliminary InjunctionSecond MOTION for Temporary Restraining Order ) filed byMelinda Haag, Eric Holder, Michelle Leonhart. (Attachments: # 1 Exhibit A - Permanent Injunction, United States v. Marin Alliance for Medical Marijuana, No. 98-86 (N.D. Cal. entered June 20, 2002))(Wyer, Kathryn) (Filed on 11/15/2011) (Entered: 11/15/2011)
11/16/2011 32 ORDER RE 5 Amended Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Signed by Judge Saundra Brown Armstrong, on 11/16/11. (lrc, COURT STAFF) (Filed on 11/16/2011) Modified on 11/17/2011 (jlm, COURT STAFF). (Entered: 11/16/2011)
11/18/2011 33 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMelinda Haag, Eric Holder, Michelle Leonhart. (Attachments: # 1 Order of November 18, 2011, Alternative Community Health Care Cooperative, Inc. et al. v. Holder, No. 3:11-cv-2585 (S.D. Cal.))(Wyer, Kathryn) (Filed on 11/18/2011) (Entered: 11/18/2011)
11/28/2011 34 ORDER by Judge ARMSTRONG denying 5 Motion for TRO; denying 23 Motion for TRO (lrc, COURT STAFF) (Filed on 11/28/2011) (Entered: 11/28/2011)
12/05/2011 35 STIPULATION for Expansion of Applicable Page Limits, filed by Melinda Haag, Eric Holder, Michelle Leonhart, Marin Alliance for Medical Marijuana. (Attachments: # 1 Proposed Order)(Wyer, Kathryn) (Filed on 12/5/2011) Modified on 12/6/2011 (jlm, COURT STAFF). (Entered: 12/05/2011)
12/13/2011 36 ORDER re 35 Stipulation for Expansion of Applicable Page Limits. Signed by Judge Saundra Brown Armstrong, on 12/13/11. (lrc, COURT STAFF) (Filed on 12/13/2011) Modified on 12/14/2011 (jlm, COURT STAFF). (Entered: 12/13/2011)
12/13/2011   Set/Reset Deadlines as to 23 Second MOTION for Preliminary InjunctionSecond MOTION for Temporary Restraining Order. Motion Hearing set for 2/14/2012 01:00 PM before Hon. Saundra Brown Armstrong. (lrc, COURT STAFF) (Filed on 12/13/2011) (Entered: 12/13/2011)
12/13/2011 37 Amended Declaration of Paul Armentano in Support of 23 Motion for Preliminary Injunction, filed by John D'Amato, Marin Alliance for Medical Marijuana, Med Thrive, Inc., The Divinity Tree Patients' Wellness Cooperative, Inc., The Felm Trust, The Jane Plotitsa Shelter Trust. (Attachments: # 1 Exhibit 1)(Kumin, Matthew) (Filed on 12/13/2011) Modified on 12/14/2011 (jlm, COURT STAFF). Modified on 12/14/2011 (jlm, COURT STAFF). (Entered: 12/13/2011)
01/10/2012 38 MOTION to Dismiss filed by Melinda Haag, Eric Holder, Michelle Leonhart. Motion Hearing set for 2/14/2012 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 1/24/2012. Replies due by 1/31/2012. (Attachments: # 1 Proposed Order)(Wyer, Kathryn) (Filed on 1/10/2012) (Entered: 01/10/2012)
01/10/2012 39 Brief re 23 Second MOTION for Preliminary InjunctionSecond MOTION for Temporary Restraining Order, 38 MOTION to Dismiss Combined Memorandum in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiffs' Second Motion for Preliminary Injunction filed byMelinda Haag, Eric Holder, Michelle Leonhart. (Attachments: # 1 Exhibit A - Order Denying Preliminary Injunction in Alternative Community Health Care Coperative, Inc., et al. v. Holder et al., # 2 Exhibit B - court filings in Bartkowitz case, # 3 Exhibit C - court filings in Do case, # 4 Proposed Order Denying Preliminary Injunction)(Related document(s) 23 , 38 ) (Wyer, Kathryn) (Filed on 1/10/2012) (Entered: 01/10/2012)

U.S. District Court
California Northern District (San Francisco)
CIVIL DOCKET FOR CASE #: 3:11-cv-05248-EDL


Americans for Safe Access v. Holder et al
Assigned to: Magistrate Judge Elizabeth D. Laporte
Demand: $0
Cause: 28:1331 Federal Question: Other Civil Rights
Date Filed: 10/27/2011
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: U.S. Government Defendant
Plaintiff
Americans for Safe Access represented by Joseph D. Elford
Americans for Safe Access
1322 Webster Street, Suite 402
Oakland, CA 94612
(415) 573-7842
Fax: (510) 251-2036
Email: joeelford@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Eric Holder
Attorney General of the United States
Defendant
Melinda Haag
United States Attorney for the Northern District of California
Date Filed # Docket Text
10/27/2011 1 COMPLAINT for Declaratory & Injunctive Relief & Jury Demand - [Summons Issued]against Melinda Haag & Eric Holder, [Filing Fee: $350.00, Receipt Number 34611066304] Filed by Plaintiff Americans for Safe Access. (tn, COURT STAFF) (Filed on 10/27/2011) (tn, COURT STAFF). (Additional attachment(s) added on 10/27/2011: # 1 Complaint) (tn, COURT STAFF). (Entered: 10/27/2011)
10/27/2011 2 SUMMONS Issued as to Defendants Melinda Haag & Eric Holder. (tn, COURT STAFF) (Filed on 10/27/2011) (tn, COURT STAFF). (Entered: 10/27/2011)
10/27/2011 3 ADR SCHEDULING ORDER: Joint Case Management Statement due 1/31/2012 & InitialCase Management Conference set for 2/7/2012 at 10:00 AM. (tn, COURT STAFF) (Filed on 10/27/2011) (tn, COURT STAFF). (Entered: 10/27/2011)
10/27/2011   CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: 10/27/2011)
Iowa Medical Marijuana 2012  –  
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