cannabisnews.com: Mixed Messages on Medical Marijuana 





Mixed Messages on Medical Marijuana 
Posted by FoM on February 14, 2002 at 12:23:25 PT
Commentary
Source: Orange County Register
For the first time in months, it appears that Santa Ana medical marijuana activist and patient Marvin Chavez could be moving toward a satisfactory resolution of his legal problems. It can't come too soon. Localities like Orange County would do well to get their act together on the state law that authorizes patients to use marijuana, because it looks as if the federal government is beginning a heavy-handed crackdown. Mr. Chavez, you may recall, was charged with cultivation for distribution and sale of marijuana after the Santa Ana police raided his home and confiscated the marijuana plants he was growing. 
The founder of the Orange County Patient Doctor Nurse Support Group, who has a recommendation as a patient to use marijuana medicinally, says he was growing it all for his personal use, and his cultivation is protected under Prop. 215, passed by the voters in 1996. Wednesday, after months of preliminary legal maneuvering, Judge Gary S. Paer, after a proceeding in which Mr. Chavez finally agreed to be represented by a particular public defender and some legal issues were sorted out, set a date of March 5 for a preliminary hearing. Marvin Chavez will soon have his day in court. Meanwhile, on Tuesday, a cannabis dispensary and several growers were raided by federal agents in San Francisco, in what is seen as a sign that the Bush administration plans to get tough on medical marijuana patients. On the same day, the San Diego City Council passed an ordinance adopting the recommendations of its Medical Marijuana Task Force, setting up a voluntary patient identification system along with controls over cultivation and distribution. Why the apparent confusion? Because state law and federal law, as the U.S. Supreme Court acknowledged in its decision last year that federal law contains no provision for a "medical necessity" defense, are simply different. State, county and city officials are sworn to uphold state law - indeed, required by the California Constitution to do so. Federal officers are charged with enforcing federal law. We hope the Chavez case provides an impetus for Orange County to move in the direction San Diego has taken: developing an ordinance to facilitate the rights of patients and respect the interests of law enforcement under state law, preferably after sober consultation with all interested parties. The struggle to change federal law and policies will continue, and it would be folly to predict the outcome. In the meantime, Orange County's duty is to respect and implement state law. Source: Orange County Register (CA)Published: Thursday, February 14, 2002Copyright: 2002 The Orange County RegisterContact: letters link.freedom.comWebsite: http://www.ocregister.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmPot Cultivator Pleads Innocent to Selling Drugs http://cannabisnews.com/news/thread11275.shtmlMarvin’s Garden - Orange County Weekly http://cannabisnews.com/news/thread11182.shtml
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Comment #2 posted by Zero_G on February 14, 2002 at 16:25:36 PT
Call out the Guard!
The National Guard is an active part of the WoSD, and plays an active role in CAMP, the Campaign Against Marijuana Planting, along with the DEAth, and State enforcement agencies.Drug War $$$$$$$$$$$$ has greatly swelled National Guard budgets as well.If the Governor tried to call them out over Prop. 215, it would be (Grey Davis would NEVER do this, but) an interesting State Constitutional issue. To the best of my knowledge, state officers are bound by the Constitution of the State of California to enforce state law over federal unless the federal courts overturn the state statute. The Supreme Court did not overturn Prop. 215. The ruling simply negated the medical nessecity defense for the Oakland Club.
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Comment #1 posted by goneposthole on February 14, 2002 at 13:09:51 PT
The National Guard
The National Guard of the State of California could be used to protect its citizens from federal law enforcement
practices that interfere with state's rights.It is not that far fetched. It should be done. Go National Guard. Next time the DEA goes on a rampage, call out the National Guard. Re-open Alcatraz to house the rogue DEA and force them to grow medical marijuana. The effort would help immeasurably and the sick and dying could be given the mmj for free! Those who need medical marijuana need all of the help that they can get.What the hey, truth is stranger than fiction. The federal government is as fictitious as it can get anymore.I see nothing wrong with it.
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