cannabisnews.com: Medical Marijuana Users Can Get Some Immunity Medical Marijuana Users Can Get Some Immunity Posted by CN Staff on July 18, 2002 at 18:53:16 PT By Colleen Valles, Associated Press Writer Source: Associated Press Medical marijuana users can get some immunity from criminal prosecution, the California Supreme Court ruled Thursday. People who use medical marijuana and are arrested on drug charges can use their status in their defense before a trial starts, and if their cases do go to trial, the burden to show they have valid prescriptions is reduced, the court ruled. The ruling also applies to primary caregivers of medical marijuana users. "For marijuana patients, it means they will be treated exactly the same as patients of physicians who receive a prescription," said Gerald Uelmen, who represented a medical marijuana patient convicted of possessing and cultivating the drug. "The law for many years in California has been if you are charged with unlawful possession of prescription drugs, all you have to do is raise a reasonable doubt that you have a valid prescription." That is a reduction in the degree of proof previously needed. State Attorney General Bill Lockyer, who's office prosecuted the case, also applauded the decision. "As a supporter of Proposition 215, I believe that the court's decision strikes an appropriate balance in helping to ensure that truly needy patients whose doctors have recommended medical marijuana to alleviate pain and suffering related to serious illnesses will have access to this medicine under California law," he said in a written statement. California was the nation's first state to approve medical marijuana in 1996 with the passage of Proposition 215, the Compassionate Use Act. Nonetheless, the U.S. Supreme Court said last year that it's illegal to sell or possess marijuana for medical use. The ruling stems from the arrest and conviction of Myron Mower, who uses marijuana to alleviate complications from diabetes. Mower was arrested in 1997 and convicted of possessing and cultivating marijuana. The appeals court affirmed Mower's conviction and rejected his argument that his medical marijuana user status gave him complete immunity from prosecution, including from arrest. The state high court sent the case back to the appeals court, ordering a new trial for Mower. In its ruling, the state Supreme Court stated that a section of California law "reasonably must be interpreted to grant a defendant a limited immunity from prosecution," wrote Chief Justice Ronald George for the unanimous court. But Uelmen said he was disappointed that the court did not address how many plants patients or caregivers could have. The number varies in different counties. "The number of plants a patient can grow should be the same throughout the state," Uelmen said. The case is People v. Mower, S094490. Complete Title: Medical Marijuana Users Can Get Some Immunity from Prosecution Source: Associated Press Author: Colleen Valles, Associated Press Writer Published: Thursday, July 18, 2002Copyright: 2002 Associated Press Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmState's Pot Laws Provide Protection for Patientshttp://cannabisnews.com/news/thread13462.shtmlCalifornia Justices Look at Medicinal Pot Ruleshttp://cannabisnews.com/news/thread13052.shtml State's Top Court Mulls Medical Marijuana Law http://cannabisnews.com/news/thread13050.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by FoM on July 19, 2002 at 14:58:21 PT Aloha Reverend Adler It is good news isn't it? What a day today has been. Last night on Phil Donahue the program with Governor Johnson, Kemba Smith and our one and only Asa was electric and today on MSNBC it was the same way when Keith Stroup and Robert Maginnis. I hope lots of people got to see these shows and they just had Rick Lowry from National Review on and someone else but they both agreed. No debating. Strange days indeed!Now the Ozzie Osbourne Show is going to continue even though she has cancer. Will we see cannabis use on the program? I can't help think that she will in time. I wish the family well. [ Post Comment ] Comment #7 posted by Rev Jonathan Adler on July 19, 2002 at 14:30:02 PT: More Legal Every Day!~ Aloha, Well, well. I am realizing that we are more legal every day. My case in particular proves that a legal church and legal medical registry patient, who happens to be the same person is on his way to freeddom for us all. Here in Hilo, I have been found "GUILTY" by Judge Greg Nakamura, even though the evidence and testimony proved otherwise. Prejudice is a terrible thing, even worse when the prejudice is from a so-=called Judge. This will force my appeal to a successful conclusion and I will not quit or resign. I am in thius for the long haul. Congratulations to all the cannabis warriors who0 use the truth as their primary weapon. Peace tyo All. Rev. Jonathan Adler / Freedom cannot be killed. Hawaii Medical Marijuana Institute [ Post Comment ] Comment #6 posted by Dimebag on July 19, 2002 at 09:50:45 PT Please Help I know there are three catagories that a drug has to fall under to be classified as a Class "A" Substance.1: It must have no Medicinal Value, 2: Its effect on the user must be more harmful than that of the prohibition of the Drug,And 3: ????? What is the Third category? I cant seem to remember.But my arguement is and would be to any congressmen/senator is that Marijuana does not fall under these two categories. Ever Heard of Medicinal Marijuana. Oh and lets see. I can smoke a Bag of weed, and get high and not really do any harm to my self or society, or I can get cought, face massive penalties, fines, jail time and possible asset forfetiure of my property and monies. So lets see, which would be more detramental to my well being, Getting high or going to jail..... Hummm.... I just cant seem to out weigh the other. Its just sooo Even balanced. FUCK NO...Write to your congressman/senator ... The More they see us complaining, the more they May think about possible changes.Remember, Title It: End Cannibis Prohibition, it just sounds more effective. End Cannabis Prohibition.Dimebag. [ Post Comment ] Comment #5 posted by paul peterson on July 19, 2002 at 08:22:55 PT: CALIFORNIA SUPREME COURT JUST CLIPPED FEDS! Please recall my recent "rants" about how the feds don't have "jurisdiction" to bust people for mere "possession" because that is an exclusively "state" jurisdiction (I think they call that the 10th Amendment or something?)?Well, if you can positively must be able to prove there is no "interstate" commerce, or "intrastate" commerce that affects "interstate" commerce, they don't have jurisdiction over sales, either! Since the California MM law provides that only residences can comply, be authorized, and get the pot, and the "clubs" must only sell to in-staters, and will always have really good records to prove that, (provided they don't waffle and start selling to the no-cards, etc.), then now the California Supreme Court's decision just changed the whole show-Now you can expect any DA in the state to be rather "iffy" about prosecuting any card carrying MM-head, which means the police with be told to "hands off" these guys, because nobody wants us to get this good type of press and all.Now we just have to wait for somebody to make a good COMMERCE CLAUSE challenge (like Epis right now, right?). So please, somebody get this information to that guy or his lawyer, and call me in the morning about this.I have tried to post my local article about the WILMETTE PUBLIC LIBRARY (here in Illinois, that is), that is allowing me to have a MEDICAL MARIJUANA SEMINAR (7/24/02)but I don't seem to be able to get CANNABIS.com to let me submit anything-It's almost like they are censoring things here, also. Could this be so? Please contact them or me to discuss this thing & others. PAUL PETERSON 312-558-9999 http://illinois-mmi.org [ Post Comment ] Comment #4 posted by ekim on July 19, 2002 at 06:02:50 PT Ralph Nader will be on C-Span Sunday The call in program Washington Journal Sunday Morning will have Mr. Nader. 7am to 10am repetes again from 10am to 1pm. [ Post Comment ] Comment #3 posted by releafer on July 19, 2002 at 04:31:18 PT Finally put clones outside.. YAHOO !!! [ Post Comment ] Comment #2 posted by VitaminT on July 18, 2002 at 21:13:40 PT He's all that and less! How about: One of a number of extreme religous fanatics who derive their power from Bull W. Crap's deal with the devil. In this deal said B.W.C. becomes president and in return peace loving Herb smokers are sacraficed on the altar of the most low to satisify the blood thirsty "religous" right [ Post Comment ] Comment #1 posted by p4me on July 18, 2002 at 20:26:55 PT My question? Why hasn't the state of California sued over the Schedule 1 classification of MJ? It just escapes me on how that could not have happened by now. It is obvious that the DEA will keep it in the wrong catagory until the permafrost melts or longer unless a court or Congress says different. What do they call permafrost that is now melting? Hey doughnut man, make yourself useful and answer some of these questions. That raises another question. Is doughnut man a public servant or just some talentless low life addicted to a federal paycheck? 1,2 [ Post Comment ] Post Comment