Report from Lanny Swerdlow

Today was a great day in Riverside county as 15 stalwart medical marijuana patients and advocates appeared at the Tuesday, March 9 meeting of the Riverside County Board of Supervisors. The day began at 8:30 a.m. holding signs, passing out flyers and talking with citizens and employees going to the Riverside County Office Building. Press coverage was good with KTLA, the LA Times and the Riverside Press-Enterprise sending teams to cover the story.

At about 9:45 a.m. we entered the Supervisor's chambers and took our seats and waited for the public comment section. It came soon enough at about 10 a.m. Everyone knew we were coming, but I am not sure what they expected. What they got was articulate, passionate and thoughtful presentations from ten of our members.

Although our presentations were suppose to last only three minutes, several of them exceeded the time limit, but no one was ask to stop. Everything we wanted to say was heard and from the countenance of the Supervisors, I really believe they were listening.

I handed the Supervisors a packet of materials containing our requests, a copy of the letter from Dr. Feldman, a copy of SB 420, copies of the correspondence between myself and DA Trask, the memorandum by Palm Springs Police Chief Gary Jeandron where Trask threatens to overrule the City Council if they even discuss the implementation of guidelines and the phone chronology that lead up to the threat of my arrest if I continued to request information on medicinal marijuana law enforcement. I started my oral presentation with a brief rundown on our thwarted attempts to work with Trask on discerning how Propostion 215 is enforced in Riverside County and failed attempts to have any meetings with him. I then quoted from a portion of Riverside County Dept. of Health Director, Dr. Gary Feldman. I concluded the presentation with our three requests of action by the Board. I have printed my presentation at the end of this email.

I was followed by Matt Borders, a college student at Riverside Community College. He had set up a table last Friday at his college and in just a few hours got over 70 signatures in support of medicinal marijuana. He spoke of the overwhelming support the issue receives across a broad spectrum of Riverside County citizens.

Matt was followed by Mallika Albert. A new supporter, Maillika discussed her role in founding a Neighborhood Watch program in Palm Springs and how her neighbors wanted medical marijuana patients protected, not arrested. She then discussed the information she received at the MAPP meeting that featured Debbie and LaRayne Jeffries, authors of the book Jeffrey's Journey, which told the story of how marijuana brought normalcy to the life of their violent and out-control child after all other medications had failed. She presented her Supervisor, Roy Wilson, with a copy of the Jeffrey's book.

Following Mallika was LaVonne Victor. Rolling up to the podium in her wheelchair, she chronicled a history of her illnesses, the failure of conventional medicine and how marijuana provided her with the ability to live a productive and fulfilling life. She emphasized that she has always been and always will be a law abiding citizen and that she was following the law the day she was arrested by the Riverside County Sheriff's. As usual she made a heartfelt presentation and as always is the picture of courageous action.

LaVonne's husband Marty then spoke and detailed the horrors of the day of the arrest complete with his mother having a gun put to her head by one of the Sheriff's officers. He pointed out that he had contacted the local Chief of Police and was told that growing medicinal marijuana is okay and given a 15 plant limit. He recounted the expense, the agony and how the entire sordid episode of arrest and prosecution affected them. He repeatedly ask the Board to stop Trask from continuing his campaign against medical marijuana patients.

Steve Rolper then spoke. An AIDS patient, he recounted how marijuana was effective in restoring his life from the debilitating effects of both the AIDS virus and the drugs he takes to combat them. A Vietnam veteran, Steve spoke of the treatment he receives from his doctors and the understanding they have shown him in his use of marijuana, but pointed out that they could not help him as they were doctors working at VA hospitals. Steve is also a poet and spoke eloquently and passionately about his life and the role marijuana plays in it.

Craig Canada spoke next and told of his use of marijuana to treat Bipolar Disorder and other ailments and how it safe it is. He was very effective when he told the Board that they should be ashamed that he and the others had to come before them to ask that a law that is on the books be enforced. He pointed out that this is the law, that these are ill people and that the Board should be ashamed that these people had to come here to seek to be allowed to use their medicine without fear. His indignation at having to be there and his vocal emphasis of the word "shame" repeatedly bespoke volumes and was very effective.

Following Craig was David Herrick. When he announced that he was a former San Bernardino County Sheriff, it startled several of the Board members and no doubt some of Deputy Sheriff's at the meeting. After briefly informing the Board about why he uses medicinal marijuana, Dave spoke of the legal issues surrounding Prop. 215 and especially about SB 420 and its provisions which would prevent arrest. It's really cool to have a Deputy Sheriff on your side.

A new member, Jeffrey Bradshaw then approached the podium with a presentation that took the Board by surprise. Pointing out that he was a member of a Christian rock band, a Sunday School teacher and a devout follower of Christianity, he spoke about how the Bible doesn't denounce marijuana and how he saw marijuana as a gift from God to be utilized and treasured. The most astounding part of his presentation was when he announced to the Board that "God will smite you if you don't allow marijuana to be used."

Although Jeffrey was a hard act to follow, Venia LaBeaux was certainly up to it. Venia had been busted in 2001 for growing four plants in her back yard and was not even aware that a warrant had been issued for her arrest until she applied for a job and the info came up in a record's search conducted by the employer. She told the story of how the bust came to be and how she was a citizen following the law. She ended her presentation by telling the Board that she would be glad to be a volunteer ID card holder and that the Board should do whatever is necessary to get the ID card system operating.

The last presenter was Gene Trosper who discussed a number of the legal issues surrounding medicinal marijuana use and law. He pointed out that the use of marijuana for medicinal purposes was no longer illegal under federal law in California since the recent ruling by the 9th Circuit Court of Appeals. Apparently no stranger to testifying at the Riverside Board of Supervisors, Gene did a great job of wrapping up our testimony before the Board.

And now as to what happened after Gene's presentation, I am going to let David Herrick tell you.

"After the last person spoke, Supervisor Roy Wilson explained that legally they (the Board), could not take any action on a matter which was not on the "Agenda," When Supervisor Wilson began his response, he started out by saying that the Board had no "Legal" jurisdiction on items not placed on the "Agenda," I held my breath and told myself that this was it, here comes the "Brush Off." and we were right back to step one. When he requested that the Executive Officer submit the requests from the Board to D.A. Trask and Dr. Feldman, I was elated and still am. It has been almost eight years, patients are still being arrested and tried, and now comes light at the end of the tunnel, which does not appear to be the train, but in fact, a whole new approach to dealing with medical cannabis in Riverside County."

Supervisor Wilson requested that Dr. Feldman prepare a report on how the Health Department will respond to the requirements of SB 420. He then requested that Riverside County DA Trask prepare a report on how Prop. 215 has been enforced in Riverside County and how the DA intends to implement the requirements of SB 420. We have been trying for years to get this info out of Trask's office and in one fell swoop, he must now provide it. It will be way more than interesting to read his report when it is issued.

Today's meeting was definitely a step in the direction of removing the fear that medical marijuana patients have in Riverside County. The nightmares that Trask created are not yet a thing of the past, but hopefully it will not be much longer that patients can possess and cultivate their medicine without fear of arrest and prosecution.

I would strongly urge everyone in the Coachella Valley to either call or write Supervisor Roy Wilson and thank him for requesting the reports. You might also ask him if you could receive a copy of the reports when they are issued. You can call his office at 863-8211 or if you are in Palm Springs, 345-1072. You could also write to him at: Supervisor Roy Wilson, Larsen Justice Center, 46200 Oasis Street, Indio CA 92201. If you do take a minute or so to either write or call him, please let me know.

Our actions today showed that we indeed can make a difference. I am deeply appreciative of all those who took the time out of their busy lives to attend the Board meeting and show their support. It is through the efforts of courageous and righteous citizens that we will succeed. You are a beacon for all to see and hopefully your success today will inspire others to action and the eventual recognition by all of the importance and significant benefits of medicinal marijuana.

PRESENTATION BY LANNY SWERDLOW TO RIVERSIDE COUNTY BOARD OF SUPERVISORS - March 9, 2004

In 1996 California voters passed Proposition 215 which allowed California citizens to use, possess and cultivate marijuana for medicinal purposes when recommended by a doctor.

Riverside County District Attorney Grover Trask has refused to recognize this law and has arrested and prosecuted sick and disabled people, confiscated their medicine and cultivation equipment and made them prove in court at a cost of thousands of dollars and total disruption of their lives that they are legitimate medical marijuana patients.

I have handed you a packet containing correspondence between my organization and DA Trask beginning in May 2001 asking to meet with him for the purpose of establishing guidelines so that patients would know how much marijuana they can possess and cultivate. This has been done in many other counties and it has served them well. Trask has refused to meet with anyone on this issue.

Riverside County cannot afford to waste taxpayer dollars, yet I estimate that Riverside County has spent over one million dollars arresting and prosecuting its own citizens for doing what the law allows. We have long been told that if we do not like the law, then change it. In 1996 we did. If DA Trask does not like Health and Safety Code 11326.5, then he should work to change it. In the meantime he has sworn to uphold the law and should not create crimes where they do not exist and waste the resources of the police and the courts and the precious dollars of taxpayers to satisfy his personal and cultural biases.

In the letters you have, I have sought information on how this law is enforced in Riverside County. Trask has refused to provide this information. Why will he not tell patients what guidelines he has given to police so that they will know how much medicine they can possess and cultivate? His office has even threatened me with arrest if I continue to seek information from them on how they enforce medical marijuana laws.

SB 420 went into effect on January 1 of this year and sets guidelines and establishes a voluntary ID card system for patients. On December 11, 2003 I sent Trask a letter asking what information he will be providing law enforcement on implementation of this state law. I have not received any reply.

Dr. Gary Feldman, head of the Riverside County Department of Health has sent a letter to the State Department of Health Services urging a rapid implementation of SB 420. Recognizing the hardships patients face, he wrote "Many Riverside County residents obtain relief from their chronic pain or debilitating illness by using marijuana for palliation. Despite existing law, the Compassionate Use Act of 1996, several of these individuals are encountering legal conflicts, which disrupt their lives and causes them severe financial burden."

As our elected officials I ask that you undertake the following three steps to see to it that the law is enforced and that the directions of the voters to make marijuana available as medicine be carried out.

Request Riverside County District Attorney Grover Trask to provide the Board with information on how his office enforces Proposition 215, what directions he has given local law enforcement about enforcing Propostion 215 and how his office will implement SB 420.

Direct Dr. Gary Feldman to report to the Board about how his office will comply with the requirements of SB 420 and the feasibility of establishing a temporary ID card system similar to other counties until as such time that the statewide ID system is put into effect.

Send letters to the State Department of Health Services, Governor Swarzenegger and our local State Senators and Assembly Members requesting expedited development of the state ID card system.