cannabisnews.com: Marijuana Trial: Medicine or Not?





Marijuana Trial: Medicine or Not?
Posted by FoM on April 30, 2002 at 08:32:45 PT
By Edgar Sanchez -- Bee Staff Writer
Source: Sacramento Bee
Two men went on trial Monday in Sacramento Superior Court on charges that they cultivated 390 marijuana plants, mainly in a Carmichael warehouse, with the intention of illegally selling them.Michael C. Urziceanu and Michael T. Reitmeier, both 37, describe themselves as medical-marijuana patients who grew the pot for their own use under provisions of Proposition 215.
But in opening statements, a prosecutor told jurors that the defendants were making a sham of the 1996 proposition, which allowed the cultivation of pot by seriously ill Californians."Claiming medicinal use is merely a scam," Deputy District Attorney Caroline Park said. "It may be lawful for some people, but in this case, they were growing it for sales."The 385 plants found in the defendants' warehouse "were capable of producing 64,000 joints ... way too much for personal use," she added.Reitmeier's attorney, J. David Nick, told jurors the 64,000 estimate was a gross exaggeration. He said the estimate came from a former state Department of Justice employee who left DOJ "under a cloud" and who has little knowledge of marijuana cultivation. The official, identified in open court as Mick Mollica, is expected to testify for the prosecution.Nick said the case against Reitmeier and Urziceanu involved "abuse of the law.""The real question is who abused the law," Nick said in his opening statement. "Was it the defendants or the police officers who assisted in bringing this case to court?"Reitmeier and Urziceanu had medical recommendations to use marijuana, he said.Reitmeier, a cabinet maker, smoked marijuana to help alleviate arthritic pain that began in the early 1990s, Nick said.Urziceanu inhaled it to soothe lingering pain that began in the mid-1980s when he broke his neck, Nick said. Urziceanu had been working as a correctional officer in New Jersey.After passage of Proposition 215, Reitmeier would travel to the Bay Area to obtain his medical pot from a cannabis club, Nick said. It was at that "dispenser" that both defendants met and became friends, Nick said."Both understood that when they needed cannabis, they had to drive to the Bay Area to get it," Nick said.Reitmeier remains free on bail.Urziceanu, who is awaiting trial on two other marijuana-related cases, has been unable to post bail and remains in Sacramento County Jail. Zenia Gilg, the attorney for Urziceanu, contends both cases pertain to medical-marijuana use.Source: Sacramento Bee (CA)Author: Edgar Sanchez -- Bee Staff WriterPublished: Tuesday, April 30, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Sites:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmLooser Laws Draw Americans to Canadahttp://cannabisnews.com/news/thread12665.shtml Sheriff Returns Pot - Pinnaclehttp://cannabisnews.com/news/thread12655.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #3 posted by 2Spooky on May 01, 2002 at 07:31:28 PT
good luck to em
Thanks for the personal comments on the lawyers. That sort of thing is very interesting to me. My criminal law instructor at college is friends with Mr. Serra and is a pro tem judge/defense lawyer himself.We became good buddies after I wrote a ficticious Affidavit and Warrant app on the WhiteHouse and some of its occupants as an exercise (pretty funny), so he intends to get me a summer job clerking in the PDs office, and I hope some day to follow in Mr Serra's footsteps and those of his compatriots.
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Comment #2 posted by releafer on April 30, 2002 at 09:09:14 PT
Zenia Gilg a fine lawyer has roots in Sacramento..
Zenia Gilg, the lawyer for Urziceanu is from the Law Firm of Tony Serra. She was my counsel twice and won both times on the warrant. She was a former prosecuter in Sacramento and loves to go against peers and is very dilligent. Her staff and pool of talent in her firm is incredible.She won for me twice, once in Superior Court supressing evidence and again in California Appellate Court without oral argument. David Nick is no slouch either. He will make Mick(a real prick) and liar sweat on the stand. He better have every piece of paper from his life with him as Nick will interpet him as a liar and a munipulator of pot facts.With these two lawyers it will be a great case to watch.These defendants are lucky the Fed didn't take them with that many plants. Lets see....1/2 of 385...then what stages they were in....then actual weight...systems and a elimination of some that were possibly male ...all factors they will get 85 each and bargin down to probation, after a guilty plea if the arguments about the warrant are decided in Superior court they could be facing suspended sentence 3 yr probation and still get to grow and smoke...under 215.I was on probation while on appeal and still the court had to allow me my civil rights under prop 215. There is a Marijuana exemption law on the books H&S 11353 or 335 (California) that if you get busted for pot ONLY they can't drug test you on probation.The Major argument to be presented is why under Prop 215 the government is suposed to work with us on supply...its at the end of the proposition...But the State has never opened ANY GATE for production...SO there will be people growing more to share W/OTHERS AS the STATE is not doing its part in the Law and Spirit OF PROP 215.WHEN ARE YOU STATE LEADERS GONNA COMPLY WITH THE LAW?????PLANT IT EVERYWHERE....................
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Comment #1 posted by Dark Star on April 30, 2002 at 08:56:40 PT
Funny Thing About these Cases
This is a recurring theme in these prosecutions. Patients are accused of sales of cannabis. The weird thing is, that the government never has proof of those sales. Could it be because they are not occurring? Hopefully these defendants will go free, and the DA's will become paranoid about their case percentages, wasted money, and dealing with true crimes. Wouldn't that be the day?
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