cannabisnews.com: Police Relinquish Plant for Man's Medicinal Use Police Relinquish Plant for Man's Medicinal Use Posted by FoM on August 10, 2001 at 08:50:21 PT By Ken Carlson, Bee Staff Source: Modesto Bee About 18 months after police raided his home, seizing marijuana and other property, David Willson got his "medicine" back Thursday. Police officials released growing equipment and several guns last Friday, after San Joaquin County Superior Court Judge K. Peter Saiers ordered the return of all the property taken in the Jan. 24, 2000, search at Willson's rural Manteca home. But officials held onto the marijuana while considering an appeal. Thursday, Willson picked up 5 pounds of marijuana -- including dried buds and 174 plants -- at the police station after his lawyer threatened to press contempt of court charges. In a statement, Police Chief Charles Halford said he was not happy. "In this case, no, I am not happy to return the property, but we will do our job as required by law," Halford said. Police spokesman Rex Osborn said the marijuana is likely to have lost potency in storage. "It probably has very little THC value," he said, referring to the chemical component. "We don't store it in a way to preserve its value." Police called it one of the biggest cultivation cases in the city's history. But it came to naught when in June a jury acquitted Willson, 39, and his wife, Lisa Marie Willson, of cultivation and possession of marijuana for sale charges. David Willson, a building contractor, said he grew the pot for medicinal use -- to treat severe headaches and anxiety. Although the jury sided with the defense, Deputy District Attorney Richard Green fought a defense motion to have all the marijuana returned, saying it was an unreasonable amount for medicinal use. Saiers disagreed and the police complied only after their special legal counsel decided against an appeal. It was the most marijuana ever returned in a Manteca case. William Logan, Willson's attorney, said the police acted in the right. "He did, in fact, have his medicine returned to him," he said. "It's been the law since November 1996 that medical marijuana is not contraband." According to the lawyer, Willson took prescription drugs as a child to curb depression, hyperactivity and headaches. But he gave up the pills because of side effects that made it hard to function. He turned to recreational marijuana use as a teen-ager and started growing it as an adult, Logan said. Logan deflected criticism that Willson grew the marijuana in view of his children. "It's medicine; it's not recreational drugs," he said. "The youngest child is 16, and the kids are drug-free. If the kids got into the prescription drugs, there was much more danger it could kill them." Acting on a tip, police uncovered an elaborate growing operation in the garage of the Tinnin Road home, complete with nutrients, lights and timers, as well as circulation and exhaust fans. After their arraignment, the couple rejected a plea deal that would have given David Willson two years in prison and his wife, who runs a health club, 16 months. Instead, Logan put an expert on the witness stand at trial to show that the police exaggerated the haul. The plants were less than a foot tall when ready to harvest. "The policeman said each plant yielded 3 ounces; in fact each plant yielded 3 grams," Logan said. One ounce is about 28 grams. Detectives failed to produce any lists of buyers when they searched the couple's two offices in Manteca. Willson, who admitted to smoking three to five joints a day, produced a letter showing that Sonora doctor Richard Behymer had discussed the benefits and risks of medical marijuana with him in 1999. Another doctor recommended the drug for Willson a month after his arrest. Migraines are among the conditions that can be legally treated with marijuana. Logan, who has spent 17 years defending marijuana growers, said people have been exonerated for growing more than 1,000 plants under the medicinal use law. He said Willson no longer grows marijuana. He bought from an Oakland growers club until the Supreme Court declared growers clubs illegal. Meanwhile, the Police Department vowed to continue aggressive enforcement of drug cases. "This case in no way interferes with our job to locate, investigate and arrest narcotic violators in our community," officials said. Source: Modesto Bee, The (CA)Author: Ken Carlson, Bee Staff Published: Friday, August 10, 2001 Copyright: 2001 The Modesto BeeContact: letters modbee.comWebsite: http://www.modbee.com/Related Article:Police Seize Marijuana in Manteca http://cannabisnews.com/news/thread4469.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #4 posted by zorlacher on August 10, 2001 at 18:27:08 PT (who) The Police Beat > About 18 months after police raided his home, seizing marijuana and other property, David Willson got his "medicine" back Thursday. Ah, those "quotes". Speak volumes, don't they? You can just see the stodgy old ink-stained wretch who covers the police beat (and drinks regularly with the pigz.) Newspaper circulation keeps dropping, Ken! [ Post Comment ] Comment #3 posted by Jose Melendez on August 10, 2001 at 12:24:18 PT: to be fair... "In a statement, Police Chief Charles Halford said he was not happy. "In this case, no, I am not happy to return the property, but we will do our job as required by law," Halford said. Police spokesman Rex Osborn said the marijuana is likely to have lost potency in storage. "It probably has very little THC value," he said, referring to the chemical component. "We don't store it in a way to preserve its value." "Is it just me, or does the spokesman appear happy that there is less medicinal value? They ought to have to reimburse the guy at street value... Jose Melendez - owner/founder of narcosoft.com - Buy Sell Quit Drugs Online! [ Post Comment ] Comment #2 posted by FoM on August 10, 2001 at 11:54:35 PT Please Send Me a Copy Dr. Russo,I'm not sure what you mean but you know I'll try to help. Please send one to me. [ Post Comment ] Comment #1 posted by Ethan Russo, MD on August 10, 2001 at 11:02:01 PT: Survey Study "Willson took prescription drugs as a child to curb depression, hyperactivity and headaches." Headaches are one of the main indications for clinical cannabis and are explicitly recognized in Proposition 215.After months of wrangling, investigational review board discussion and countless phone calls to agencies in Washington, I was able to gain approval for the electronic distribution of a questionnaire dealing with cannabis in headache treatment, whether migraine, "tension" or cluster. The idea is to ascertain the degree of relief clinical cannabis patients obtain for their headaches.I would greatly appreciate your helping me distribute this to potential candidates, or perhaps posting it on one of your WWW sites. It is a legal study in the USA, and we have verbal assurances that no federal agency will investigate or prosecute participants. Merely E-mail me at erusso blackfoot.net for a copy.Many thanks for your consideration.All best wishes,Ethan Russo, MD [ Post Comment ] Post Comment