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Thursday, June 05, 2008

 

Prop 215 and you, and Kevin Hoover, and the Arcata Eye, and....

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Well, it seems that Kevin Hoover has pissed off the growers in Arcata (Or mostly Nick Charles and Tad from the sounds of the Rants and Raves posting on our local Craigslist) with his anti-215 abuse stand.

I'm laughing. But in order to cut through the bullshit, some Pro-215 abuse people have posted a nice letter to use if you get a anti-215 abuse letter:

Americans for Safe Access
Joseph D. Elford
Staff Attorney
Americans for Safe Access
1322 Webster St Ste 208
Oakland, CA 94612
(415) 573-7842
March 1, 2005
Name
Address
Dear Name:
I am an attorney for Americans for Safe Access -- a Bay Area-based non-profit that
advocates for medical marijuana patients. Name, a tenant of your property, recently
contacted Americans for Safe Access. We have informed Name of his rights as a medical
marijuana patient under state law and provide to you the following information.
Under California law, “seriously ill Californians have the right to obtain and use
marijuana for medical purposes where that medical use is deemed appropriate and has
been recommended by a physician who has determined that the person’s health would
benefit from the use of marijuana. . . .” Cal. Health & Safety Code § 11362.5(b)(1)(A).
While landlords have some discretion to determine whom they lease to, that discretion is
not unlimited. In particular, under California Civil Code § 1942.5(c), “[i]t is unlawful for
a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an
action to recover possession, or threaten to do any of those acts, for the purpose of
retaliating against the lessee because he or she . . . has lawfully and peaceably exercised
any rights under the law.” See Barela v. Superior Court (1981) 30 Cal.3d 244, 252; Rich
v. Schwab (1998) 63 Cal.App.4th 803, 810-11. Furthermore, under the Bane Civil Rights
Act, it is illegal for anyone to “interfere[] by threats, intimidation or coercion, with the
exercise or enjoyment of any constitutional or statutory right. See Cal. Civil Code § 52.1;
Bay Area Rapid Transit District v. Superior Court (1995) 38 Cal.App.4th 141, 144.
Because California law now provides for the rights of seriously ill Californians to cultivate
and possess marijuana for medical purposes, Cal. Health & Safety Code §
1322 Webster St. Ste 208
Oakland, CA 94612
www.SafeAccessNow.org
Phone: 510-251-1856
Fax: 510-251-2036
September 16, 2005
Page 2
11362.5(b)(1)(A), the eviction or threatened eviction of a qualified marijuana patient
simply for exercising these statutorily-conferred rights constitutes unlawful retaliation and
violates the Bane Civil Rights Act. Violation of these provisions may subject the violator
to compensatory damages, punitive damages and attorney fees. See Cal. Civil Code §§
52.1(h), 1942.5(f) & (g).
I write to request that you not take any action that would result in the eviction of
name for his cultivation or possession of medical marijuana, thereby ignoring his status as
a qualified patient. While I appreciate that your drug possession policy is motivated by
the best intentions, I believe that it in this particular case it must be reconsidered. I hope
that we can work together to resolve this matter in a cordial and expeditious manner.
Sincerely,
Joseph D. Elford
Staff Attorney
Americans for Safe Access
(415) 573-7842


Seems rather legalish and all that, so I thought that I'd cut through the bullshit and if you get a pro-215 abuse letter like the above from your renter, feel free to post their information here on this forum, along with any and all pro-215 abuse grow houses and contact the following below:

DEA: San Francisco Division (415) 436-7900

or:

Drug Enforcement Administration
Office of Diversion Control
2401 Jefferson Davis Highway
Alexandria, VA 22301
(800) 882-9539

or:

http://www.usdoj.gov/dea/contactinfo.htm


Remember boys and girls, the Federal government trumps State government! If they want to play rough, let the DEA come in and fix the problems. Federal "pound me in the ass" prison Vs. not being a complete fuck-head. The choice is yours.

And remember! Operators are standing by!

Comments:
"Remember boys and girls, the Federal government trumps State government!"

Once had the impression that you advocated for states' rights'.Why have conservatives ditched this stance?
 
Don't understand your "question" mresquan.
 
Kevin is paying for his audacity. There's a major boycott. Lots of nasty things being said.
 
mousy doesnt understand the concept of states rights? big surprise there.
 
Gonzales V. Raich

theo therme doesn't understand the law, big surprise there.
 
mousy,
im a reagan conservative. the fact that bush has allowed the concept of states rights to die doesnt make me happy. its no surprise that you favor using the heavy hand of BIG BROTHER. people like you make real conservatives sick.
 
People like you theo make people like me laugh. Dance more Muppet as I pull your strings.
 
mousy,
your 8th grade education didnt give you the depth to discus states rights?

when my kids bring home less than desired grades on papers, i show them this site. i say, "kids, if you drop out of school early, or get bad grades, you will end up with a mind like little mousy's." then i have them read the incoherent garbage that you spew. that gets them inspired to seek an education every time.
 
my teenager could teach little mousy a lesson on states rights!!!! LOL

think mousy could digest information? i have my doubts.....
 
theo therme said...

mousy,
your 8th grade education didnt give you the depth to discus states rights?

when my kids bring home less than desired grades on papers, i show them this site. i say, "kids, if you drop out of school early, or get bad grades, you will end up with a mind like little mousy's." then i have them read the incoherent garbage that you spew. that gets them inspired to seek an education every time.

June 06, 2008 1:37 PM


theo therme said...

my teenager could teach little mousy a lesson on states rights!!!! LOL

think mousy could digest information? i have my doubts.....

June 06, 2008 1:39 PM


More like they see how you post on the internet with grammar so poor, it makes me look like a New York Times best seller and say, "I don't want to get drunk, beat mommy, and post on the internet like daddy, so I'll study harder and maybe he will stop touching me at night."

It's OK, I understand that you have a problem with complex thought processes, but next time, remember, it's unzip THEN piss OK.
 
little mousy,
the fact that you didnt know about the concept of states rights made me piss my pants from laughing so hard!!!
 
Stay focused. :) Why are the commenters on the TS site throwing around the SafeAccess name like it is some sort of heavyweight that Kevin should be scared of?

And have you read that comment thread?
 
I'll repost this here too.

By mresquan, on Jun 11, 2008 - 8:56
Hoover reminds me of that cop in that show Weeds who goes around and busts anyone in competition with his friends.Remember that Kevin is not putting in any effort for legalization,he's only doing the dirty work for legal 215 patients,under the guise of going after them.
No doubt that grows are a huge problem that should be dealt with,but Kevin playing as Arcata'a Wayne Hanson won't do anything except benefit his preferred growers.
 
Please let me provide the actual text for the statute:

§ 11362.5. Use of marijuana for medical purposes

(a) This section shall be known and may be cited as the Compassionate Use Act of 1996.

(b)

(1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:

(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

Seems that it does not say what Joseph P. Alford writes above......

If you get a letter, go see a lawyer and don't believe the letter writer knows what he is talking about.
 
it is a true mresquan. i am never accept this one.
-------------------
shank
http://www.marijuanaaddictiontreatment.com
 
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