North Oakland medicinal pot producer no criminal, supporters say

Protesters march downtown Oakland on Monday afternoon.

Mickey Martin stood up before protesters gathered yesterday afternoon at the Oakland Federal Building downtown. He called in his 2-year-old son, who approached shyly from the side and hid behind his father. Martin was about to go to prison. The charge was something both Martin and the State of California say is not a crime: selling medicinal marijuana.

“There’s nobody out here today who looks like a criminal,” said the 35-year-old marijuana advocate, who is preparing to spend the next 12 months in federal prison.

“We want to be part of this community,” he said to the 100 or so supporters, including Oakland City Councilmember Rebecca Kaplan and Berkeley City Councilmember Kriss Worthington, who met on Monday afternoon to protest Martin’s imminent imprisonment.

Mellody Gannon, 52, was one of Martin’s clients. She used marijuana to alleviate cancer symptoms.

“He brought magic to those of us who were sick. He was our spoonful of sugar,” said the San Francisco resident, raising her shirt to show a long vertical scar from an operation to remove a tumor. “His kids are going to suffer, and that’s not right.”

Martin, an Oakland resident, founded the nonprofit company Compassion Medicinal Edibles in 2000. For seven years, the shop near the corner of 40th Street and Broadway produced brownies, chocolate bars and other sweet treats laced with marijuana to be sold in local medical dispensaries.

Then, on September 26, 2007, the feds knocked on his door.

According to Martin, the federal Drug Enforcement Agency raided five facilities connected with his company, including his shop—which he said operated in accordance with state and city laws. DEA agents also raided his house and a cultivation facility.

“It was a pretty traumatic thing to deal with,” Martin said. “My wife and kids went through a lot.”

After the DEA discovered more than 100 marijuana plants at his growing facility, Martin was charged with conspiracy to manufacture and distribute marijuana, which carries a 10-year minimum sentence. He eventually pleaded guilty to the lesser charge of conspiracy to manufacture and distribute products containing trace amounts of Tetrahydrocannabinol (THC) and was sentenced to two years in prison. He has already served the first year at home under house arrest.

“It’s senseless,” Martin said. “It’s a pretty violent thing to experience for making brownies for sick and dying people in California.”

Martin is scheduled to report today to the U.S. Bureau of Prisons Cornell Correctional Facility in San Francisco, where he will serve the final year of his sentence.

Protesters march in downtown Oakland on Monday afternoon.

“Mickey Martin is not a criminal,” Berkeley City Councilmember Kriss Worthington said during speech at the protest yesterday. “Incarcerating Mickey Martin is a crime.” Worthington added that the health-care reform bill in Congress should include provisions to allow people like Martin to provide medicinal marijuana products to patients.

Oakland Councilmember Rebecca Kaplan, who did not discuss Martin’s case specifically during her remarks, said that Oakland has been in the forefront “both of what is beautiful and what has been troubling on this [medical marijuana] issue.”

On the local level, Kaplan said that Oakland has taken steps to protect providers and consumers of medical marijuana—such as awarding legal permits for medical dispensers. She also said Oakland makes sure that the medicinal marijuana dispensary system “is being run in a responsible, accountable way.”

Kaplan said that medicinal marijuana could also become an important source of revenue to the city, which faced close to a $100 million deficit last year. She also referred to the proposal initiated by cannabis guru and Oaksterdam University’s president Richard Lee for statewide legalization and taxation of marijuana, which supporters say will be on the California ballot in 2010.

On the federal level, however, things are complicated. Kaplan cited a 2005 case where the Supreme Court denied one of her constituents with a brain tumor the right to use medical marijuana, even if the woman could prove that the treatment improved her condition.

“Let’s be clear on this,” Kaplan said. “They said even if she would die without it, they would take it away from her. That is the face of what we are up against.”

For consumers of medical marijuana in Oakland today, the risk of getting in trouble with federal authorities is slim. Still, some at the protest said they constantly worry that the murky legal situation means they may inadvertently be breaking the law by purchasing medicinal marijuana.

Cecile Bonaudi, a retired Oakland resident who uses marijuana to alleviate chronic pain, said she follows all the rules. She gets a prescription from her doctor and buys products only from the four legal dispensaries in Oakland. Yet she’s still worried about it.

“I do what I think is legal,” Bonaudi said. “But yet there’s always the fear that if they want me, they could come get me.”

Bonaudi, who said she’s been suffering from chronic pains for over ten years and much prefers marijuana to other drugs such as oxycontin, said that she feels fortunate to live in California.

“I would never live in a place where I didn’t have access,” Bonaudi said. “I couldn’t. I don’t even travel. When I travel, I suffer.”

Oakland Rally Protests Federal Medical Marijuana Prosecutions

Posted: 9:05 pm PST January 4, 2010

Greetings All,

 

Just a friendly reminder that tomorrow at noon at the Oakland Federal Building, the Ring in the New Year Rally/Protest/Press Conference will be happening. It looks like it will be good weather and we have a great line-up of speakers and advocates to deliver the message that we will no longer stand for intolerance to cannabis in 2010. We have had an overwhelming outpouring of support and believe this will be an event of historic proportions. If you have not made plans to do so yet, please do join us at noon at the Oakland Federal Building to make a stand on this first business day of 2010. Let YOUR voice be heard!

 

Below are the event details, including a projected line-up of speakers and events:

 

“Ring in the New Year Rally and Protest”

Medical Cannabis Peaceful Rally and Protest in Oakland January 4^th at Noon

(Press Conference to Begin at 12:20 p.m.)

 

By: Medical Cannabis Activist and Political Prisoner Mickey Martin, in association with:

Americans for Safe Access and Students for Sensible Drug Policy

• To demand the Federal Government respect states’ rights regarding medical cannabis.
• To ask the State of California to do more to protect patients and providers of cannabis.
• To commend local governments, such as Oakland, that have championed the cause

 

WHAT:  The Ring In The New Year Rally and Protest will take place January 4, 2010, the first official business day of the New Year.  Political prisoner and activist Mickey Martin, as well as the grassroots organizations Americans for Safe Access and Students for Sensible Drug Policy will be descending on the Oakland Federal Building to demand that 2010 be the year that the federal government quit interfering with state affairs regarding cannabis. A press conference will be followed by a march to the state building to encourage the state to do more to protect the rights of patients. The group will then move to Oakland City Center to commend local governments like Oakland that have lead the charge in protecting patients and providers by developing sensible regulations.

 

WHO: Directed by: Mickey Martin is an outspoken activist that will begin serving a one-year term on January 5^th in the U.S. Bureau of Prisons Cornell Corrections for his role in providing cannabis medicines to patients. This father of two sons, ages 5 and 2, demands justice, morality, and common sense to bring freedom to himself and the many other political prisoners that are incarcerated for providing cannabis medicines. In association with: Americans for Safe Access (ASA), the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research and Students for Sensible Drug Policy (SSDP), an international grassroots network of students who are concerned about the impact drug abuse has on our communities, but who also know that the War on Drugs is failing our generation and our society.

 

WHERE:  Oakland Federal Building, 1301 Clay St., Oakland, CA

 

WHEN:  Monday, January 4^th, 2010 at 12:00 p.m. (Noon)/Press Conference Begins @ 12:20

 

WHY: To demand that the Federal Government respect state rights and order the DEA to stand down in medical cannabis states and that they release prisoners and stop prosecutions of medical cannabis providers immediately. We insist that the State Government support patients by establishing sound methods providing safe access to patients. To commend local governments like Oakland, that in the absence of support, have lead the charge in developing sound and well thought regulations legitimizing the patient provider relationship, even when it was not politically convenient.

 

 

Projected Speakers List and Schedule of Events

Ring in the New Year Rally/Protest/Press Conference

Monday January 4, 2010

 

12:00 p.m.- Gathering of activists and supporters at Oakland Federal Building

 

12:20 p.m.- Official Press Conference Begins

 

Press Conference Speakers:

• Mickey Martin (Introduction/Master of Ceremonies)
• City Council Person Rebecca Kaplan
• City Council Person Kriss Worthington
• Jeff Jones (Supreme Court Defendant and Patient ID Center Director)
• Dr. Frank Lucido (Medical Cannabis Expert and Physician)
• Ed Rosenthal (Federal Defendant sentenced to time served)
• American’s for Safe Access Spokesperson
• Jonathan Perri (SSDP Spokesperson)
• Mikki Norris (West Coast Leaf and Cannabis Consumers Campaign)

 

Begin March to State Building:

 

State Building Speakers:

• Chris Conrad (Expert Witness and State Law Specialist) If Available
• Debby Goldsberry (Medical Cannabis Safety Council and BPG)
• James Anthony (California Land Use Attorney and Former City Attorney)
• Kim Cue (Patient and Community Organizer)
• Addison Demoura (State Raid Victim and Cannabis Service Professional)

 

Continue March to Oakland City Hall/Frank H. Ogawa Plaza

 

Oakland City Hall Speakers

• Mickey Martin- A thank you to the City of Oakland for leading the charge in providing sensible regulations to patients for the last 5 years
• Oakland City Council Person Rebecca Kaplan (The future of cannabis)
• An acknowledgement of cities that have passed sensible ordinances allowing for safe access, including Berkeley, San Francisco, Sebastopol, and the many other compassionate communities in the State
• Berkeley City Council Person Kriss Worthington (The future of Cannabis)
• Aundre Speciale (Berkeley Collective Operator)
• Lynette Shaw (Collective Operator in Marin since 1997)
• Ngaio Bealum (Closing Ceremonies and Words of Wisdom)

 

Gathering of Like Minds for a Social Moment at Oaksterdam Student Union

Media Advisory

“Ring in the New Year Rally and Protest”

Medical Cannabis Peaceful Rally and Protest in Oakland January 4^th at Noon

(Press Conference to Begin at 12:20 p.m.)

By: Medical Cannabis Activist and Political Prisoner Mickey Martin, in association with:

Americans for Safe Access and Students for Sensible Drug Policy

• To demand the Federal Government respect states’ rights regarding medical cannabis.
• To ask the State of California to do more to protect patients and providers of cannabis.
• To commend local governments, such as Oakland, that have championed the cause

WHAT:  The Ring In The New Year Rally and Protest will take place January 4, 2010, the first official business day of the New Year.  Political prisoner and activist Mickey Martin, as well as the grassroots organizations Americans for Safe Access and Students for Sensible Drug Policy will be descending on the Oakland Federal Building to demand that 2010 be the year that the federal government quit interfering with state affairs regarding cannabis. A press conference will be followed by a march to the state building to encourage the state to do more to protect the rights of patients. The group will then move to Oakland City Center to commend local governments like Oakland that have lead the charge in protecting patients and providers by developing sensible regulations.

WHO: Directed by: Mickey Martin is an outspoken activist that will begin serving a one-year term on January 5^th in the U.S. Bureau of Prisons Cornell Corrections for his role in providing cannabis medicines to patients. This father of two sons, ages 5 and 2, demands justice, morality, and common sense to bring freedom to himself and the many other political prisoners that are incarcerated for providing cannabis medicines. In association with: Americans for Safe Access (ASA), the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research and Students for Sensible Drug Policy (SSDP), an international grassroots network of students who are concerned about the impact drug abuse has on our communities, but who also know that the War on Drugs is failing our generation and our society.

WHERE:  Oakland Federal Building, 1301 Clay St., Oakland, CA

WHEN:  Monday, January 4^th, 2010 at 12:00 p.m. (Noon)/Press Conference Begins @ 12:20

WHY: To demand that the Federal Government respect state rights and order the DEA to stand down in medical cannabis states and that they release prisoners and stop prosecutions of medical cannabis providers immediately. We insist that the State Government support patients by establishing sound methods providing safe access to patients. To commend local governments like Oakland, that in the absence of support, have lead the charge in developing sound and well thought regulations legitimizing the patient provider relationship, even when it was not politically convenient.

PARTICIPANTS: Oakland City Council Person Rebecca Kaplan, Berkeley City Council Person Kriss Worthington, Jeff Jones (Patient ID Director and Tax and Regulate 2010 Campaign), ASA and SSDP Representatives, Mikki Norris (Activists, Publisher West Coast Leaf), Ed Rosenthal (Author). Doctor Frank Lucido, James Anthony (Attorney), Debby Goldsberry (Berkeley Collective Operator), Ngaio Bealum (Comedian and West Coast Cannabis Publisher), Mickey Martin, and many more

CONTACT:  Mickey Martin            PHONE NUMBER: 510-377-1990

Below is a PRINTABLE PDF. Please PRINT AND POST!!!

 RingInRally.Poster.8.5x11.pdf — PDF document, 447Kb

 Ring.In.Rally.Layout.pdf — PDF document, 63Kb

 Ring.In.Rally.Layout.back.pdf — PDF document, 219Kb

Greetings, On January 4, 2010, cannabis patients, activists, supporters, providers, and concerned citizens will descend on Oakland's Federal, State, and City buildings to demand accountability from these government agencies. Details are still being worked out regarding speakers and event structure, so if you want to speak, be involved, organize sign making, or help with communications please let me know ASAP. 

We will begin at the Federal Building to demand that Federal Agencies respect patients rights to use cannabis medicines in conjunction with state law. We will demand that they respect the memo issued by the Department of Justice on October 19th and quit wasting precious resources on investigating, prosecuting, and jailing patient providers. 

We will then march down the block to the California State building and demand that the state do a better job of protecting patients and providers. We will call for a "clear and unambiguous" definition of how patients, providers, and communities should provide medicine to patients. The federal government has stated that they would not pursue providers who were operating within the "clear and unambiguous" bounds of state law, so we must push the state to define those policies to keep providers out of harm's way and put an end to the confusion and chaos of the current system. The state must protect its citizens from unnecessary harm caused by their failure to set clear boundaries for cannabis distribution, production, and use.

 We shall then move forward to Oakland City Center to support the efforts of local governments, such as Oakland, who have attempted to support patients and providers and create more clear guidelines in their city. Cities like Oakland, San Francisco, and Berkeley have lead the charge in the absence of state regulation to help more clearly define the system of medical cannabis distribution and production. Oakland's historic regulations enacted over 5 years ago have been a model in which the movement has found legitimacy and has grown substantially. While their groundbreaking regulations were initially the source of much controversy, they have shown cities all over the state that for over half of a decade this city has been able to regulate and control the cannabis market and find many benefits in working with the local collectives, rather than against them. We commend Oakland and the other local governments for their efforts to ensure patient and provider safety and legitimacy and will rally in their support. 

We will be holding a press conference to create awareness for the cause and expose the state and federal policies as not doing enough to protect patients and providers, while promoting the sound and effective reasoning of local governments that have enacted more clear policies to protect their providers. We will RING IN THE NEW YEAR in high fashion, so bring bells and noise makers to wake up the officials whose support we seek. 

 Representatives from Americans for Safe Access and several other grassroots organizations will be helping in the communications, outreach, and support efforts of this historic event. We look forward to a major showing to begin 2010 off with a bang and let the world know that we will not go another year in harm's way because local, state, and federal governments cannot rectify their policies to protect the citizens who choose to use safe and effective natural cannabis therapies. This charade has gone on long enough, and as I enter a correctional facility for my actions in providing medicine the following day, we will use this opportunity to create awareness for the movement and ask that our elected and governing officials stand up for the rights of patients and create a "clear and unambiguous" system in which we can all be more confident that we are in compliance and no longer fear the wrath of the DEA. 

 Join us! Save the date! 

What: Peaceful Cannabis Rally and Press Conference 

When: January 4th, 2010 at 12:00 p.m. (High Noon) Subject to change--- 

Where: Oakland Federal Building, 1301 Clay St., Oakland, 94612 

Why: To RING IN THE NEW YEAR and demand patients and providers be protected "clearly and unambiguously" from prosecution and to support those agencies that have been instrumental in providing safe access to patients. 

To Bring: BELLS, signs, your activist voice, media, a friend, a smile, and some comfortable shoes. 

For questions, concerns, or more information contact Mickey Martin at 510-377-1990 or visit www.freetainted.com for continued updates and postings. We will be distributing flyers and literature in the coming weeks. let me know if there is anything YOU can do to help spread the word and make this the WORLD'S LARGEST CANNABIS RALLY AND PROTEST IN THE HISTORY OF MANKIND! I look forward to your support and efforts!