High Court Orders Judge Sheldon to Reverse Decision

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www.the-human-solution.org
FOR IMMEDIATE RELEASE
CONTACT: Joe Grumbine
951-436-6312

High Court Orders Judge Sheldon to Reverse Decision

LONG BEACH, CA – On November 23, 2011, the 4th District Court of Appeal ordered Long Beach Superior Court Judge Charles D. Sheldon to reverse his ruling denying two medical marijuana defendants the ability to present a medical defense against the 13 felony counts facing them.

Joe Grumbine and Joe Byron, the former operators of two legal medical cannabis collectives in Long Beach and Garden Grove have been embroiled in a legal battle that has been dragging on for nearly 2 years, stemming from a December 2009 raid involving 120 armed SWAT officers, helicopters, and drug sniffing dogs. Ironically a Riverside judge found Grumbine to be in complete compliance with California’s medical marijuana laws just 5 weeks before the raid took place.

The two were confident they did nothing wrong, and consequently refused all plea offers the prosecution tried to convince them to take. “We knew a jury would see that we operated a legitimate not-for-profit collective that helped sick patients and provided valuable services to the community including a food bank, clothing drives, and free wheelchairs for patients in need,” says Grumbine.

But then Judge Charles Sheldon ruled that the jury would not be allowed to hear a word about medical marijuana, meaning the defendants would be presented in court as ordinary back alley drug pushers and not compassionate medical marijuana providers. Prospects looked bleak for the Joes.

That’s when defense attorney Allison Margolin stepped in, filing a writ appealing Sheldon’s outrageous decision with the court of appeals. In an unusual move, the appeals court wasted no time and returned a ruling just in time for the defendants to have a Happy Thanksgiving: Grumbine and Byron will be allowed a medical defense, unless Judge Sheldon opts to go before the court to explain himself and his ruling.

The defendants return to court on Monday for the start of jury selection with a trial expected to last approximately three weeks beginning immediately after. Supporters are planning to be at Grumbine and Byron’s sides in the courtroom, as they have during the twenty-plus court hearings the pair has already attended.

Those wishing to participate in court support, or donate to Joe Grumbine and Joe Byron’s legal defense funds can do so at The Human Solution’s website (www.the-human-solution.org) or phone 951-436-6312 for additional details.

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Cynthia Johnston
303 345-3259
Dispatches from the Field

Fear tactics

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I just spent the day looking at one sided discovery videos taken by undercover cops that have valid recommendations. The words they chose bait the unwitting volunteers into validating their “Words” The videos completely ignore the many patient services that our collective offered and because they were not thrust upon them will be used against me as a common “street dealer” It is troubling that we live in a world where a sworn official is able to lie to a Doctor in order to be a qualified patient then enter a patient collective with a legal “fake ID” join that collective in order to testify against that same collective for acting as they all do but in such a way that it is being considered criminal.

DA’s office has used intimidation tactics including subpoena of volunteers and employees to testify for the prosecution. This scares the hell out of them and causes them not to want to be part of anything. It seems as I have become more vocal in the movement, that the DA’s office has stepped up it’s efforts to silence me and pressure me into taking their plea deal whereby I would admit to being a felon, registering with the narcotics offenders list and waiting my turn to be violated and imprisoned like all the others. Even in open court the judge has mentioned now 3x that I have decided not to “settle” the case and now I get my “trial”

The judge has denied my affirmative defense thereby almost assuredly forcing a conviction. Unless I can bring enough support to the courthouse at the time of the trial and enough media attention that the jury will have to realize that this is a medical case and think for themselves “why am I not being told this”
I am unable to reach out to any jury or face “tampering” charges.Thus far the support of other collectives has been minimal at best yet they continue to call and ask for help when they get raided? They think I must have been doing something to cause this and that it will not happen to them til it does. This is not an issue of Semantics and whether or not a volunteer or employee said the word donation or not does not cause a crime to be committed the spirit of compassionate use had nothing to do with paperwork or “catch phrases” if we accept this then we are truly living in “Orwellian” times and this fight is already lost.

Patients, and Growers that count on your collectives to provide safe access to your medicine please reach out to your directors and staff. They are putting you in jeopardy. What happens when you get raided (and you will sooner or later if the trend continues) and you are there? who is going to tell you what to do? what if you are arrested? what if you are questioned and end up getting called to testify against your friends? these things can and are happening. We all need to stand together in support of every patient in court. And we need to be active either by participating in person as a group or as an individual by contacting elected officials and letting our voice be heard.
Most of the cases that ask for support have few if any supporters and look like common criminals whereas when we overflow the courtrooms, we have a powerful effect and have a positive effect every single time! Please, one way or another be a part of the solution
It doesn’t really matter which group you support as long as you are supporting the movement at large. so I must rely on the voices of others.

Part 2 the hearing

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September 15 Freedom Rally for True Justice, Part 2 the hearing

I walked through the doors with my belt, wallet, and phone in hand and went through the security without issue. I entered the elevator with a bit of hesitation as always, remembering that one time that I didn’t come back. That memory is permanently burned into my brain and every time I head upstairs, my fight or flight instinct goes on alert. I entered the 5th floor and saw a bunch of supporters already there. No lawyers had arrived yet. I spoke with Joe to confirm and he did. Chris Glew called shortly after to verify that the court was not open yet and told me that he had gotten a speeding ticket and would be there shortly. Allison was not going to be there bunt a substitute would also be there shortly. A bailiff came out of the courtroom and said that it was reported that one of us was taking pictures in the hall and everyone needed to show him their cel so he could check for pictures. None were found and we were allowed to enter.

Both sides of court were opened except the first 2 rows on the left side as per the court’s agreement with Cynthia Johnston. This was another demonstration of our thinking on our feet and affecting change. There were 6 bailiffs in the courtroom this time as contrasted with the usual 1 or 2. Heads were peering in from the back of the judge’s chambers including that of Judge Judith Meyers that had both signed the warrant and had issued the declaration in open court regarding the possible harm I had brought to the good patients of California. Of course she was also the one that imposed the 6 figure bail that caused us to drain the resources of some dear friends to keep me out of the twin towers. Prior to court being called to order, the house bailiff admonished us to keep quiet and not use cel phones. The usual. I was quickly ejected as I reached to hand a book to a spectator. I thought it kind of funny to be kicked out of court for the first time in my own case. (I’ve sat in close to 100 sessions both mine and in support of others) The attorneys both finally arrived and I was called back.

The prosecutor had filed several motions including one to suppress the AG guidelines, one to prohibit supporters from “influencing” the jury IE: wearing a ribbon or even attending the gallery in support. The judge had no problem with our presence in the courtroom or the ribbon at this time. He didn’t seem to be inclined to allow the AG guidelines to be presented. But nothing was in stone at this time. The real kicker was the motion to suppress our medical defense at all! The “state’s” position is simply that sales of marijuana are illegal. They don’t care about reasonable compensation, the state card, Ag guidelines or any of that nonsense. Again no ruling was made yet on this.

It turns out that the prosecution’s office turned over some discovery at the last minute and the judge is requiring statements from our witnesses as to what they are planning to testify. Although not requiring the same from the other side. Although I was unaware of it at the time a few of our support team were thrown out of the courtroom for looking at cel phones. As an aside, PLEASE don’t get thrown out of my courtroom!!!! It does not help especially once the jury is seated.
The matter of discovery and time of trial start date was discussed and since there are still some unresolved discovery issues the trial was put off till November 28 I took a while before I reluctantly agreed to once again waive my right to a speedy trial. I am growing weary of this and although many say that time is on my side, I doubt if any of them have tried to keep witnesses engaged for nearly 2 years. I understand why so many end up taking a plea deal. We left the courtroom went down the elevator and I saw that the rally had grown…….

Rally and protest planned for Sept 15 at Long Beach Courthouse

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September 8 2011 – FOR IMMEDIATE RELEASE

CONTACT: Joe Grumbine, 951-436-6312; www.the-human-solution.org

Citizens Outraged Over Wasteful Long Beach Trial

LONG BEACH, CA – Hundreds of medical marijuana advocates and activists from throughout Southern California will be holding a rally outside Long Beach Superior Courthouse on September 15th to protest the city’s wasting millions of tax payer dollars investigating, raiding, and prosecuting legal medical marijuana collectives while vital public services are being cut.

That is the day when Judge Charles Sheldon will decide which witnesses, if any, will be eligible to testify for the defense in the trial of Joe Grumbine and Joe Byron, the former operators of two legal medical cannabis collectives in Long Beach and Garden Grove. The city claims the collectives were operating outside of the law, yet ironically a Riverside County judge found Grumbine in complete compliance with California’s medical marijuana laws just 5 weeks before the city of Long Beach sent 120 armed SWAT officers, drug sniffing dogs, and helicopters to raid 17 locations. The December 2009 raid started the men on an entire new prosecution ordeal that’s been dragging on nearly 2 years.

Citizens have presented the Long Beach City Council with numerous FOIA (Freedom of Information Act) requests on the exact amount spent on what they consider to be a frivolous and unnecessary investigation and prosecution at a time when the city is cutting services and California has been ordered to reduce its prison population due to overcrowding. The requests have gone ignored and no actual figures have come from Long Beach officials, but activists estimate the amount to be upwards of 5 million dollars.

“I recently attended a town hall meeting with Long Beach council woman Rae Gabelich where citizens were complaining about their local police station annex being understaffed,” says Long Beach resident Madeleine Johnson. “Yet the city found it wise to send helicopters, dogs, and 120 SWAT officers after a man who had already been found to be following the law? It just doesn’t make any sense.”

Johnson was one of about 80 concerned citizens who filled the courtroom and hallways of Long Beach Superior Court during Byron and Grumbine’s August 16’th pre-trial hearing. At least 3 times that number is expected for their September 15th Jury Selection. Supporters from as far south as San Diego and as far north as San Luis Obispo have pledged to attend the rally.

“People all over the state are fed up with law enforcement and our elected officials ignoring the medical marijuana laws meant to protect patients and wasting enormous tax dollars in the process,” says Grumbine.

Local chapters of numerous organizations including The Human Solution (a non profit organization founded by Grumbine), Americans for Safe Access (ASA), the National Organization for Reform of Marijuana Laws (NORML), Marijuana Anti Prohibition Project (MAPP), the Landa Prison Outreach Program (LPOP), and Long Beach’s Committee of Patients (COP) are currently planning how to best show their outrage at the system and support for the two men caught in the crosshairs of California’s deeply flawed justice system concerning medical marijuana.

Those wishing to join the rallies, participate in court support, or donate to Joe Grumbine and Joe Byron’s legal defense funds can do so at The Human Solution’s website (www.the-human-solution.org) or phone 951-436-6312 for additional details.

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Exceptional Cultivators gather at Willow Creek Springs to share their knowledge!

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FOR IMMEDIATE RELEASE
Contact: Catrina Coleman, The Human Solution: 951-704.2594
Dj Short & others share cultivating exceptional cannabis secrets
Saturday, April 9th, 2011 ~ 10:00am
Sunday, April 10th ~ Fireside Dinner with all the guest speakers and live music
*~* Willow Creek Spring Botanical Garden *~*
25621 Hammack Ave.
Perris, Ca
(951) 436-6361

You are an invited guest to an extraordinary retreat, dedicated to information, education, and exposing Cannabis secrets. All set at the nature inspired Willow Creek Springs Botanical Gardens. Come join us in welcoming our guest speakers:
• Dj Short, author of ‘Cultivating Exceptional Cannabis’
• Sarah Diesel, Cannabis Pixie Extraordinaire
• Don Duncan, Co Founder of Americans For Safe Access
• JP Poseidon, Organic/Aquaponic Gardener
• Clark Metcalfe, Expert on Feminized seeds and author of Modern Chemistry
• Joe Grumbine, Owner of Willow Creek Springs, and President of ‘ The Human Solution’
• Sunday’s live entertainment & music: Hunter and Gathers & Soul Ignition fire dancing
Saturday will be filled with education, round table discussions, and lessons / advice from professional growers. We are bringing likeminded individuals together. Your questions will be answered. You will leave with the knowledge and tools, and a few new friends.
Sunday will be a fireside dinner in the gardens, with special guests, for a more one on one discussions, and live entertainment and music brought to us by Hunter and Gathers and Soul Ignition, fire dancing extraordinaire!
Come join us, and leave with more than you came with. Come be a part of the pioneering movement spreading across the nation.
Your Voice, Your Actions = The Solution.