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To: California A.G. Harris

To: California A.G. Harris

Ratings: (0)|Views: 76 |Likes:
Published by Richard Brumfield
Would anyone else who hold a California State Card like to write to the A.G. since she don't want to answer us. Please use my letter as a template. When the law is clear, law enforcements should obey them just as well!
Would anyone else who hold a California State Card like to write to the A.G. since she don't want to answer us. Please use my letter as a template. When the law is clear, law enforcements should obey them just as well!

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Published by: Richard Brumfield on Jun 22, 2011
Copyright:Attribution Non-commercial


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7265 Jurupa AveRiverside, CA. 92506
Richard Brumfield, Jr. President/CEO Pacific Coast Wellness and Evolution,Inc.
California Attorney General Kamala Harris
Expressing questions, concerns and asking for definition andinterpretation of the California Attorney General Guidelines August 23, 2008 Page 6Section 4?
April 26, 2011Dear Attorney General Harris;We, the Associates of Pacific Coast Wellness and Evolution Center, Inc. would likethe following questions answered by
certified mail on or before May 9, 2011
so that one of its associates can decide if he should enter a plea during arraignment. Thequestions are listed below:1.
Do those that participate in the Medical Marijuana Patient (MMP) cardholderprogram are truly protected as outlined on HS11362.765 at the time of arrest?2.
Before, during or at time of arrest, posting of bail or during the Arraignment can Police Officers, D.A. or the Judge refuse to acknowledge or verify theMMP cardholder if the wrongfully accused invoked the privilege of A.G.guidelines page 6 section 4?3.
If arrested on marijuana charges and the cardholder has a valid MMP carddoes the valid cardholder have to enter a Plea of Innocent or Guilty duringArraignment? If so why?4.
Why must a person who fights the wrongful charges Pro Se or Pro Personawho has a State Health Department Issued MMP card have to write motionsto be free of the courts when there is in fact no crime committed?The reasons for these concerns are that local law enforcement officers are usingtraffic violations as a false a pretext to then accuse law abiding citizens, who hold aState of California Medical Marijuana Identification Card issued by their county, of criminal activities. Law enforcement officers have blatantly refused to accept oreven verify a validity issued MMP card and instead charge lawful MMP cardholderswith serious crimes including but not limited to trafficking and possession of marijuana with intent to sell. Officers of the State of California continued to ignorethe Mandatory Statues set forth in your Attorney General guidelines. If Officers of California can willingly ignore Governor Browns, formerly California Attorney
General from 2005-2011, own Guidelines on Medical Marijuana, what confidence dowe as citizens have in our elected leaders? Surely if the President of the UnitedStates recognized this guideline, our own State Officials and Law Enforcement Officers should also recognize these guidelines as written on page 6 section4:4.
State of California Medical Marijuana Identification Cardholders
:When a person invokes the protections of Proposition 215 or the MMP and he or shepossesses a state medical marijuana identification card, officers should:a) Review the identification card and verify its validity either by calling thetelephone number printed on the card, or by accessing DPHs card verificationwebsite (http://www.calmmp.ca.gov); andb) If the card is valid and not being used fraudulently, there are no other indicia of illegal activity (weapons, illicit drugs, or excessive amounts of cash), and the personis within the state or local possession guidelines, the individual should be releasedand the marijuana should not be seized. Under the MMP, no person or designatedprimary caregiver in possession of a valid state medical marijuana identificationcard shall be subject to arrest for possession, transportation, delivery, or cultivationof medical marijuana. (§ 11362.71(e).) Further, a state or local law enforcement agency or officer shall not refuse to accept an identification card issued by thedepartment unless the state or local law enforcement agency or officer hasreasonable cause to believe that the information contained in the card is false orfraudulent, or the card is being used fraudulently. (§ 11362.78.)The California Supreme Court recognized the MMP Card in the
People vs Kelly
 decision. The California Supreme Court opinion is that the MMP Card is the Heart of SB420.My name is Richard Brumfield, I am the founder of Pacific Coast Wellness andEvolution Center, Inc. a 501©7 Not for Profit Unincorporated Mutual Benefit Medical Cannabis Association located in Riverside, CA. We are a statewideassociation operating cooperatively and collectively within the framework of theAttorney General now Governor Jerry Brown 2008 guideline California AttorneyGeneral Guidelines for Medical Marijuana August 23, 2008. Our Associates are allState of California MMP Identification Cardholders. I have been in the MMP programsince July 2008 and am current today (see attached Exhibit A).I myself have been arrested and unlawfully imprisoned for over 19 days andendured court procedures for over six (6) months in Sonoma County, see
People vsRichard Brumfield
SCR-56844 (Exhibit B) and unbelievably, at the time of myarrest, my State Card was absolutely valid . The case was finally and correctlydismissed by a Peoples Motion to Dismiss in the Interests of Justice. I am currentlysuing Sonoma County and other parties of interests;
Richard Brumfield vsPetaluma Police Department, District Attorney County of Sonoma and Does 1-40
SCV-249353 filed March 22
,2011.The Chief Finance Officer of Pacific Coast Wellness and Evolution Center, Mr.Guillermo Avina, residing at 5302 Dartmouth Ave. Westminster, CA. 92683 iscurrently being charged with violating HS §11359 and §11358. He is also a current California MMP Identification Cardholder that was issued by the County of OrangeHealth Department. At the time of arrest on January 19, 2011 Mr. Avina presented
7265 Jurupa AveRiverside, CA. 92506his valid MMP identification card to the arresting officer who not only refused toaccepts its protection but even declined to check its validity. (Exhibit C) TheNewport Beach Police Officers refused to acknowledge his MMP Card issued byOrange County Health Department with an expire date of 8/12/2011 and insteadused a outdated doctor recommendation (which had expired) to verify patient status. Again the officers, in clear violation of California law and your AttorneyGeneral Guidelines, refused the protection of the Orange County MMP IdentificationCard. (Exhibit D) This is not Mr. Avina first involvement with Orange County LawEnforcement. On September 10, 2010 Mr. Avina and I were raided by the OrangeCounty Task Force at Mr. Avinas residence. Everyone in the residence were MMPState Identification Cardholders and the Narcotic Officers found our reasonableamount of Cannabis, a reasonable amount of cash, a reasonable amount of cultivation and no illegal activities at our residence. (Exhibit E). The NarcoticsOfficers, who must actually know the laws of the state where they serve, did not arrest anyone or even confiscate any of the medical marijuana present at the home.But Westminster City Attorney and Code Enforcements who on their own accordedwillingly disregarded the law and harassed Mr. Avina and myself along with ourlandlord with threatening Civil sues to have us stop cultivating for a period of 2months.If the Newport Beach D.A. continues to pursue this case we will be forced to call aswitnesses the entire Westminster, CA. Planning Department employees,Westminster Police Officers involved in the raid and whatever Narcotic Task Forcethat invaded our home as our witness to our rights to have our Cannabis Medicine.Newport Beach Police should have verified Mr. Avinas patient status from his Stateissued MMP identification card, and then they should have immediately stoppedtheir investigation. Isnt that the law and isnt your Attorney General Guidelinessupposed to guide the police in their job? Because Mr. Avina was protected by hisvalid State Issued MMP Identification card he should never have been arrested forpossession of legal medical cannabis.Mr. Avina is representing himself Pro Se and has not entered a plea and hasappeared before Judge Derek Johnson on four occasions: March 30
, 2011, April13
, April 15
and April 22
. His next court appearances is May 11
, 2011 at 8:30AM. That is why we request an answer prior to that date. Mrs. Harris, a seriousinjustice has been occurring. In open Court Mr. Avina invoked the protection of hisvalid MMP card on March 30
, 2011 and attempted to talk to the D,.A. whocontinues to refuse or even verify his MMP Card and is forcing him to write motionswith the aid of our association and myself. We refuse to pay a lawyer or take on apublic defender in a matter that should never have been taken to court because the

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