cannabisnews.com: State High Court Backs Pot Law State High Court Backs Pot Law Posted by CN Staff on July 19, 2002 at 08:34:55 PT By Denny Walsh and Claire Cooper Source: Sacramento Bee The California Supreme Court decided Thursday that the state's medical marijuana law can be used as a defense against criminal charges but does not insulate people from prosecution.The ruling, which left substantial areas unclear, left law enforcement officials free to arrest patients or caregivers who they believe are growing more pot than required for specified medical needs. But the court's ruling said defendants are likewise free to invoke the Compassionate Use Act both before and during trial.The 1996 act decriminalizes possession and cultivation of marijuana for patients and their primary caregivers who use or dispense the drug on the written or oral recommendation or approval of a physician. It does not set out acceptable amounts.Thursday's ruling marks the first time California's highest court has addressed Proposition 215, the controversial initiative that runs counter to the federal government's zero-tolerance policy.The case overturns the 1997 felony conviction of blind diabetic Myron Mower of Twain Harte, in Tuolumne County, who was arrested after police spotted 31 marijuana plants growing in his front yard. Mower was using the marijuana after his doctor suggested it to treat nausea and weight loss.The decision comes as federal drug agents crack down on medical marijuana in states where it's legal for patients who have doctors' authorization to use marijuana for medicinal purposes.Gerald Uelmen, a Santa Clara University School of Law professor, said the decision will reduce prosecutions throughout the state."It's a wonderful victory for patients," said Uelmen, who argued the case for Mower.The lengthy unanimous opinion acknowledges a footnote in a U.S. Supreme Court ruling last year that held that there is no "medical necessity" defense under the federal Controlled Substances Act, which bans the manufacture and distribution of various drugs, including marijuana."The court's holding, which involves the interpretation of federal law, has no bearing on the questions before us, which involve state law alone," Thursday's opinion states.The California court ducked the issue of how much marijuana is appropriate for personal medical use, declining to establish a standard that would apply in all 58 counties. Locally imposed limits on the number of plants allowed range from three to 99.The unanimous opinion was written by Chief Justice Ronald M. George. Supreme Court Associate Justice Marvin R. Baxter recused himself due to a conflict.The court ordered a retrial for Mower, ruling that the Tuolumne County jury in his case had been given erroneous instructions by the trial judge on the burden of proof required for conviction.Superior Court Judge Eric L. Du Temple had told jury members that it was up to Mower to prove by a preponderance of the evidence that his 31 plants were within personal use guidelines. In its ruling, the Supreme Court said the California Evidence Code requires that a defendant in a case such as this merely has to "raise a reasonable doubt as to that fact."Attorney General Bill Lockyer said Thursday in a statement that the decision "changes the standard jury instruction that has been employed ... throughout California, but it is unclear what impact it will have on previous medical marijuana convictions."Uelmen said the court's opinion does two things."It confirms a right to litigate the issue of medical necessity prior to trial," and, in cases that reach trial, "it reduces the burden of proof" on the defendant, he said.Uelmen said the court's decision also equates the possession of marijuana for genuine medical reasons to the possession of prescription drugs.Snipped: Complete Article: http://www.sacbee.com/content/politics/story/3635387p-4661236c.htmlSource: Sacramento Bee (CA)Author: Denny Walsh and Claire Cooper -- Bee Staff WritersPublished: Friday, July 19, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmCalifornia High Court Backs Medical Marijuana http://cannabisnews.com/news/thread13466.shtmlState's Top Court Rules on Medical Pot Law http://cannabisnews.com/news/thread13465.shtmlState Court Gives Medical Pot Users New Protectionhttp://cannabisnews.com/news/thread13464.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by dddd on July 19, 2002 at 12:36:40 PT ..off topic... ..but ,,,I was looking for lyrics to an old 70s song the other nite,,and I stumbled across this: "Wildwood Weed"(As recorded by Jim Stafford) JIM STAFFORD DON BOWMANWildwood flower grew wild on the farm And we never knowed what it was called Some said it was a flower and some said it was a weed I didn't give it much thought One day I was out there talkin' to my brother And I reached down for a weed to chew on Things got fuzzy and things got blurry And then ev'rything was gone Didn't know what happened but I knew it beat the hell Out of sniffing burlapI come to and my brother was there and he said, "What's wrong with your eyes?" I said "I don't know, I was chewin' on the weed" He said, "Let me give it a try" We spent the rest of that day and most of that night tryin' To find my brother Bill Caught up with him about six o'clock the next mornin' Naked, singing on the windmill He said he flew up there I had to fly up and get him down He was about half crazyThe very next day we picked a bunch of them weeds And put 'em in the sun to dry Then we mashed 'em up and we cleaned 'em off Put 'em in the corn cob pot Smokin' them wildwood flowers got to be a habit We never seen no harm We thought it was kind-a handy Take a trip and never leave the farm Big 'ole puff of that wildwood weed next thing you know You're just wand'ring 'round behind the little animalsAll good things got to come to an end It's the same with the wildwood weeds One day this feller from Washington come by And spied one and turned white as a sheet And they dug and they burned And they burned and they dug and they killed All our cute little weeds and then they drove away We just smiled and waved sittin' ther on that sack o' seeds"Y'all come back now, y'hear!"(c) Copyright 1974 by Famous Music Corporation, Ensign Music Corporation and Parody Publishing Co....I dont recall ever hearing this tune..It was supposedly on the charts....Does anyone out there remember it?....dddd [ Post Comment ] Post Comment