Calif. Supreme Court drug testing decision plus MAPP meetings, actions & McCabe Benefit

—– Original Message —–
From: "Lanny" <>
To: <>
Sent: Saturday, January 26, 2008 2:00 AM
Subject: Calif. Supreme Court drug testing decision plus MAPP meetings,
actions & McCabe Benefit

> Hi Everyone,
> Yesterday the California Supreme Court ruled against a medical
> marijuana patient who had been fired from his job because he tested
> positive for marijuana in a company drug test. If you haven’t seen
> the story, here’s link that will give you some basic information.
> For patients who do not have to undergo the onerous and humiliating
> pee-in-a-cup or you will be fired or not hired ritual, this ruling has
> no direct impact. But for the many people whose livelihoods depend on
> being able to pass a drug screen, this is indeed a serious blow.
> Like law enforcement’s successful attempt to terrorize our
> Coachella Valley’s elected officials by threatening to arrest them
> if they pass laws allowing medicinal marijuana in their communities,
> law enforcement has now succeeded in getting business owners to carry
> out their prohibitionist agenda by threatening them with loss of
> federal contracts, police raids and law suits. At least that is what
> lawyers representing business owners in the case claimed in their
> legal briefs arguing that it was okay for them to fire a legal medical
> marijuana patient for testing positive for marijuana.
> In a 5-2 decision, the California Supreme Court unfortunately bought
> into this absurd argument. I am sure their legal reasoning was
> impeccable, however just because it makes sense legally doesn’t mean
> it makes sense rationally.
> The total preposterousness of the decision is showcased by the fact
> that employees cannot be fired for having synthetic THC in their
> systems. So employees can take Marinol and the other synthetic THC
> products and its okay. That’s legal. But if they take natural THC,
> then the California Supreme Court rules it is okay to fire them.
> Now what is the difference pharmacologically between synthetic THC
> and natural THC?
> There is NO difference. They are biologically equivalent and are for
> all intents and purposes are the exact same thing with the exact same
> effects on the human body.
> But the California Supreme Court has found that such a significant
> difference exists between synthetic THC and natural THC that employers
> must retain one and can fire the other. Of course they never cite any
> research report supporting that.
> There is one significant difference between synthetic THC and natural
> THC and this difference is the telling point. Pharmaceutical companies
> can patent synthetic THC and make billions selling it, such as Marinol
> for $13 a pill. They can’t patent natural THC because it comes
> naturally from a plant so they can make a dime on it let alone the
> billions they are normally use to getting.
> So who won in today’s ruling? Law enforcement who was out at the
> bars after work yesterday celebrating and the giant pharmaceutical
> companies who let out a collective sigh of relief that once again they
> had fought back the threat marijuana poses to their stranglehold on
> our nation’s health.
> Since there is no difference between synthetic THC and natural THC,
> standard drug screens cannot detect any difference. Hence a medical
> marijuana patient can obtain a prescription for Marinol and, by
> showing the drug screeners your prescription, it suddenly becomes okay
> to test positive for THC. Marinol prescriptions are easy to get as
> they are Schedule 3 and, unlike marijuana, almost all doctors will
> write a prescription for Marinol. So you can add health care
> professionals to the groups terrorized by law enforcement along with
> elected officials and business owners.
> As I write this, I wonder if I can be arrested for aiding and
> abetting the commission of a crime by providing information on how one
> can beat a drug screen. I wonder how long it will be before I get my
> door busted down and my house searched and everything I have seized as
> law enforcement charges me with encouraging people to falsify their
> drug screens. Film at 11.
> The California Supreme Court did hold out one ray of hope – the
> California State Legislature can pass legislation that could overcome
> their objections. Even though State Assemblyperson Mark Leno has
> announced that he would very quickly introduce legislation to do that,
> I am not holding my breath on it ever passing the state legislature.
> Even if it did, it would surely be vetoed by Governor Arnold “We
> smoked pot once or twice a week BEFORE we went to the gym”
> Schwarzenegger.
> As disheartening as this ruling is, we know the importance of
> continuing our struggle. At MAPP meetings, I almost always ask how
> many people know that marijuana has improved their lives and made them
> healthier. Almost all hands shoot up. Of course I expect that to
> happen, but the enthusiasm with which everyone raises their hands into
> the airs and the expressions of conviction on their faces reminds me
> and each other just how critical our struggle to bring marijuana back
> to our nation’s health care consciousness is to the overall health
> of our communities.
> The California Supreme Court decision will be one of the topics
> discussed at the next three upcoming MAPP and mmj patient support
> group meetings.
> There is a meeting this Sunday, Jan. 27 at 1 p.m. in Riverside at the
> THCF Medical Clinic classroom. The THCF Clinic is located at 647 N.
> Main Street in Riverside.
> The next MAPP meeting in Cathedral City will be on Saturday, Feb. 2
> at 3p.m. at the Cathedral City Library, 33520 Date Palm Drive. I will
> be sending out an email later this week about the Feb. 2 meeting.
> The next High Desert MAPP meeting will be on Saturday, Feb. 9 at 1
> p.m. at the Red Barn Feed Store at 350 S. Old Woman Springs Road (Hwy.
> 247).
> In legal affairs closer to home, we held the press conference for the
> JoAnn and Rich McCabe Defense Fund Benefit Show and Auction this
> Saturday. Due to a bank robbery, however, all the TV camera crews were
> not available and there was no media. Actually there was one there but
> he left after he got a call to go cover the apprehension of the bank
> robber in Cathedral City.
> I was kind of counting on the coverage to not only inform the public
> about the plight of JoAnn and Rich, but also to help spur ticket
> sales.Alas a bank robbery was considered more important than a group
> of celebrity impersonators staging a show to keep a medical marijuana
> using Great Grandma out of jail. I really felt bad because five of the
> perfomers from Copykatz went to all the trouble to get made up in
> order to put on a good show for the media. This means that if we are
> going to sell tickets to raise $$$ for the defense fund, we need to
> hustle.
> First off – I would hope that many of you reading this email are
> planning on coming to the Benefit Show. I wrote in the last email,
> this is going to be a great show – all the more so because the
> performers really support what we are doing and are looking forward to
> presenting a very personal performance for us. Here’s the link where
> you can order tickets online.
> Tickets are only $20 which is bargain considering that tickets
> normally for Copykatz go for $40 and $50. I also have tickets for sale
> and you can buy them from me at the meetings or directly by sending me
> an email or calling me at 760-799-2055. If anyone would like to take a
> block of tickets to resell that would be excellent – just contact me
> if you are willing to do that. Also I have not had anyone volunteer to
> distribute posters and flyers yet – so if you have a couple hours to
> spare, that would be very useful too.
> This is a great cause so order your tickets now and since the price
> is so reasonable why not invite a friend or two or three to come with
> you. This a fun way to both finanically support the McCabe Defense
> Fund and show JoAnn and Rich that you support them in their fight for
> the rights of medical marijuana patients and to remain free.
> Although the TV stations didn’t show up for the fundraiser press
> conference, channel 3 news did an excellent story Thursday night on
> the McCabes. Both moving and factual, it is one of the best stories I
> have seen on the issue in some time. If you want to see it, here’s a
> link:
> As the TV story made clear, the ultimate responsibility for the
> sordid situation JoAnn and Rich are embroiled in is due directly to
> the refusal of the San Bernardino Board of Supervisors to allow their
> health department to issue the state mandated mmj ID cards.
> On Tuesday, January 29 at 10 a.m., patients, advocates and other
> pissed off people will be going to the weekly meeting of the San
> Bernardino Board of Supervisors. During the public comment section,
> you can join us in telling the Board about how their arrogant and
> despotic refusal to allow the SB Health Dept. to issue the mmj ID
> cards resulted in the arrest and prosecution of two elderly residents
> of San Bernardino County.
> We will be discussing this “speak-in” at the meeting in Riverside
> this Sunday so if you can make that meeting, then you can help put it
> all together. Whether you can make it to Sunday’s organizing
> meeting, we need you to come out on Tuesday Jan. 29 and let the San
> Bernardino Board of Supervisors know just how wrong they are. You will
> have three minutes to stand before them to tell them why medical
> marijuana is important to you, how their callous indifference to
> California law has ruined the lives of many San Bernardino County
> residents, why handcuffing JoAnn and Rich and putting them in prison
> is beyond the pale or any other information you feel should be
> presented
> Please be at the San Bernardino County Government Center 10 a.m. We
> will be protesting the arrest and prosecution of JoAnn and Rich with
> an informational picket line out front. We will have some signs –
> but please make up your own personal sign – it showcases just how
> grassroots the medical marijuana movement is When the public comment
> section is begun, we will go inside and make our presentations.
> Your support is needed whether you will make a presentation or not
> and I hope you can make the time to join JoAnn and Rich and other
> patients and advocates this Tuesday, Jan. 29 at 10 a.m. The San
> Bernardino County Government Center Building is at 385 North Arrowhead
> Avenue in San Bernardino, CA.
> If you are in the eastern parts of the Inland Empire and are
> interested in carpooling, there are two locations to meet.
> High Desert – meet at 8 a.m. at the Food for Less parking lot
> between Carl Jr’s and Kragen’s.
> Coachella Valley – meet at the Denny’s parking lot on Indian Ave.
> just off I-10 at 9 a.m.
> If you want more information on the Board of Supervisors
> presentation, call Red Toph at 619-497-1561 or call me at
> 760-799-2055.
> Car pooling in the western portions of the Inland Empire will be
> discussed at the meeting on the 27th at the THCF Clinic.
> Last, but certainly not least, please make a donation to the McCabe
> Defense Fund right now. We have received only one donation so far at
> our website and two donations via the mail – so we have a long way
> to go. Whatever you can spare whether it’s five bucks or five
> hundred, please go to
> <;
> and scroll down to the DONATE button below the picture of JoAnn and
> Rich and help Keep Great Grandma AND Great Grandpa out of jail.
> You can also mail in your donation and order tickets for the
> fundraiser by sending a check to: MAPP McCabe Defense Fund, PO Box
> 739, Palm Springs CA 92263. Tickets are $20 each but donations can be
> in any amount.
> I look forward to your help and support of JoAnn and Rich McCabe.
> Lanny
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