cannabisnews.com: State High Court Weighs Medical Marijuana Law





State High Court Weighs Medical Marijuana Law
Posted by CN Staff on June 05, 2002 at 08:55:30 PT
By Claire Cooper -- Bee Legal Affairs Writer
Source: Sacramento Bee
Taking up California's medical marijuana initiative for the first time, the state Supreme Court showed strong interest Tuesday in making the law work more smoothly for patients who come under police scrutiny and no interest in following the lead of disapproving federal authorities.During oral arguments in an appeal of a Tuolumne County man, the justices concentrated on working out a procedure for legitimate pot users to get off the hook early.
Proposition 215, passed in 1996, said seriously ill patients using marijuana on a doctor's recommendation are "not subject to prosecution," noted Chief Justice Ronald George. He asked, "Does that not imply one does not have to run the gamut" of the criminal justice system -- from arrest to jury verdict?Deputy Attorney General Maureen Daly, who urged the court to uphold Myron Mower's criminal conviction for growing 31 marijuana plants, said the initiative meant only that legitimate pot users are "not subject to successful prosecution" -- meaning they have only a right to persuade a jury to give them a break.But Justice Carlos Moreno pointed to other references in the initiative's text that supported George's interpretation and appeared to provide legitimate users immunity from prosecution.In ruling against Mower, the Court of Appeal relied on conflicting language in the voter's ballot pamphlet.The Supreme Court is using the case to set enforcement rules for Proposition 215, which did not answer key questions: What must legitimate patients do to stay out of jail, and how much pot is permissible?The justices' review coincides with a dramatic increase in federal raids on medical marijuana dispensaries following a series of defeats for Proposition 215 in the federal courts.But while federal law enforcement concentrates on what it views as drug trafficking, the gravely ill patients who were the focus of Proposition 215 are much more likely to come in contact with local authorities and state courts, as Mower did. In most of their cases, the state Supreme Court's word will be final.Blind and suffering from end-stage diabetes, Mower has used marijuana to control nausea and vomiting. He was placed on probation for growing it in 1993 and convicted again in 1998, two years after passage of Proposition 215. He again was placed on probation, fined and, according to his court brief, forced to do without the only drug that works for him. He is now unable to keep food down and has wasting syndrome, his lawyers say.After the initiative passed, Mower claims he told both the Probation Department and the sheriff he would resume growing the weed but did not wish to violate the terms of his probation. For a while all went smoothly. County officers who visited him in February 1997 found seven pot plants but left him alone.Snipped:Complete Article: http://www.sacbee.com/content/politics/story/3121680p-4142029c.htmlSource: Sacramento Bee (CA)Author: Claire Cooper -- Bee Legal Affairs WriterPublished: Wednesday, June 5, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmPot Posture Fails 'Red-Face Test' http://cannabisnews.com/news/thread12995.shtmlMedical Marijuana Wars Heat Up http://cannabisnews.com/news/thread12932.shtmlCourt To Decide What You Can Say About Marijuanahttp://cannabisnews.com/news/thread12894.shtml 
Home Comment Email Register Recent Comments Help




Comment #1 posted by p4me on June 05, 2002 at 09:58:07 PT
pot-tv for June 5th
The Kubbies were all but jubilent for their show of June 5th: http://www.pot-tv.net/archive/shows/pottvshowse-1359.htmlThey had a segment from the safeaccessnow leader saying as of now we have zero tolerance for the federal governments war against medical marijuana. They announced a company in New Jersy? was awarded some contract from the American Institute on Cancer? to make THC pills from marijuana plants.This show was the best pot-tv presentation yet. Sorry about that RC. Richard Cowan had another excellent report at marijuananews.com that focused on the AriannaOnline report of the 3056 casualties of the drug war that died on 9/11.73% of the people will not be held back by bullshit any longer. The resolve is there and growing. ICBS, VAAI, POW
[ Post Comment ]


Post Comment