cannabisnews.com: Claim Nets Cash for Confiscated Stash





Claim Nets Cash for Confiscated Stash
Posted by FoM on November 28, 2001 at 12:07:50 PT
By Gene Maddaus 
Source: Los Angeles Times
After police seized David Fawcett's marijuana plants in May, he didn't hold out much hope of getting compensated for them.But Fawcett, who said he uses marijuana to treat his depression, received a big check in the mail last month, not from Ontario, who denied his claim, but from his insurance company, who acknowledged the plants were covered under his homeowner's policy.
National General Insurance Co. paid the claim, but representatives of the company declined to comment Tuesday about its position on the issue. More than one representative asked, "Is this a joke?" One said the company wouldn't comment because it was "staying away from the spotlight." Another said it could discuss specific claims only with the claimant.Fawcett's insurance adjuster did not return calls seeking comment."I had to keep calling him and bugging him," Fawcett said. "At first he said marijuana is contraband, and we can't reimburse you for that. So I explained the whole thing and they finally said, 'OK, you got us over a barrel.' "Fawcett, 46, was arrested May 22 after police saw a front-page newspaper article and accompanying photographs of Fawcett with his plants.But San Bernardino County Chief Deputy Dist. Atty. Richard Maxwell declined to file charges against Fawcett, citing a prior ruling by Judge Dennis Cole that he was allowed to have marijuana under California's Compassionate Use Act.Fawcett tried to get his plants back, but the Ontario Police Department turned them over to the Drug Enforcement Agency for possible federal investigation.Then Fawcett's neighbor suggested he file a claim under his homeowner's insurance policy.The policy contains a provision that covers theft of trees, shrubs and other plants, up to 5% of the home's insured value, minus a $1,000 deductible.Five months after filing the claim, Fawcett received a check for $5,525.He said he was told the insurance company was considering a change in the policy that would prevent it from paying future claims for marijuana.Fawcett argued the plants could have been worth $15,000 to $20,000 if they had been allowed to mature. He's trying to get a lawyer to help him sue the city. He previously filed a claim for $9,000, which the city rejected last month.Fawcett smokes five to eight marijuana cigarettes a day. He said the medical marijuana community has rallied around him since the plants were seized, and he has been relying on donated marijuana.He used $4,000 of the insurance settlement to buy more "black market" marijuana. Fawcett said he has enough to last until February.He said he has tried Zoloft, a prescription drug for mood and anxiety disorders, but it worsened his condition."[Marijuana's] the only thing that helps me," he said. "I wish they'd make a drug that would help. It's a lot of work, growing and drying, rolling, and sorting the seeds and stems. Plus it stinks up the house."Fawcett got his first prescription for medical marijuana in January 2000. Dr. Marion Fry, of the California Medical Research Center in Cool, gave him a "physician's statement" form, and on the line for the diagnosis, filled in "depression, shingles and anxiety."The note includes an acknowledgment that cannabis remains illegal under federal law.Lawyers representing the California Medical Research Center say the medical offices were recently raided by the DEA. They are battling to keep patient information secret. Fawcett said he hopes the DEA won't investigate him."I'm always worried," Fawcett said. "But I don't think they're going to mess with something this little." Note: Ontario man's insurance company reimburses him more than $5,000 for marijuana plants taken by police.Source: Los Angeles Times (CA)Author: Gene Maddaus Published: November 28, 2001Copyright: 2001 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmJudge Refuses To Return Marijuanahttp://cannabisnews.com/news/thread10355.shtmlMedical Marijuana User Avoids Charges http://cannabisnews.com/news/thread10055.shtml
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Comment #2 posted by FoM on November 28, 2001 at 20:24:42 PT
p4me 
Thanks!
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Comment #1 posted by p4me on November 28, 2001 at 20:11:26 PT:
The Dutch Experience
Since posting are slow I would like to mention the heroes that will be assembling again in Stockton, Manchester trying to change the MJ laws in the UK. This week they are expecting a big crowd and someone had the idea of nominating Colin Davies for knighthood. Of course no one gives it a snowballs chance but they are having a good laugh with it and there is no telling how many applications will be submitted. I wanted to post a link to the thread that talks about it and about the 12th one down tells a pretty detailed account of Colins story. Of course on his last arrest they would not let him have MJ and resorted to the Class A opiates for his pain and he ended up in the hospital. It is crazy about not letting him have what will be a class C drug but will give him a class A drug that does not do as well and has side effects. If you have time it is a good thread to read.
http://212.129.240.114/upload/showthread.php?s=&threadid=768
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