cannabisnews.com: Utah Judge Hears Arguments on Marijuana Charges
Utah Judge Hears Arguments on Marijuana Charges
Posted by CN Staff on October 08, 2002 at 12:15:31 PT
By The Associated Press
Source: Herald-Tribune
Prosecuting three San Francisco men for possessing prescribed marijuana would violate their constitutional right to travel, a defense attorney argued in seeking to have the charges dismissed.Dennis Peron, 56, who helped draft California's medical marijuana law and was founder of San Francisco's Cannabis Cultivation Club; Kasey Conder, 20; and John Entwistle, 38, are charged with possession of a controlled substance with the intent to distribute and possession of drug paraphernalia.
The men were arrested at a Cedar City motel on Nov. 14 when the owner called police after a maid said she smelled marijuana smoke coming from their rooms.All three men have prescriptions to use the drug for medicinal purposes.Public defender Dale Sessions argued Monday that Utah law does not challenge legal prescriptions issued in another state.Iron County Attorney Scott Garrett contended that the prescriptions were not valid in Utah.Fifth District Judge Philip Eves took the arguments under advisement.Garrett said Utah law does not allow for prescriptions of federally designated Schedule one controlled substances, such as marijuana, therefore negating the prescriptions issued in California.But Sessions said, "People with all kinds of medical treatment, including experimental drugs, travel Interstate 15 all of the time. We do not routinely prosecute people with prescribed medication."Sessions said holding the three men for trial would violate their constitutional right to travel and that the men should not be in jeopardy simply because they were traveling through the state.Garrett said the charges are not for simple possession, that the quantity of drugs seized is consistent with illegal distribution.Eves questioned Sessions about the distribution and paraphernalia charges. Sessions said the quantity of marijuana confiscated, said by police to total nearly 1 pound, was not consistent with amounts typically associated with distribution."There was no intent to distribute, there was no consummated transaction, there was no third-party possession," he said. "It would be inappropriate for this to reach a jury."Asked about the rolling papers and pipe confiscated when the men were arrested, Sessions said, "There has to be some method of ingestion."Complete Title: Utah Judge Hears Arguments on Marijuana Charges for Three SF MenSource: Sarasota Herald-Tribune (FL)Published: October 8, 2002Copyright: 2002 Sarasota Herald-TribuneContact: editor.letters herald-trib.comWebsite: http://www.heraldtribune.com/Related Articles & Web Site:Marijuana.orghttp://www.marijuana.org/San Francisco Trio to Get Utah Trial on Pot Charge http://cannabisnews.com/news/thread12389.shtmlBusted Tourist Vows To Fight Drug Charges http://cannabisnews.com/news/thread11405.shtml
Home Comment Email Register Recent Comments Help
Comment #7 posted by efitzpatric on November 08, 2002 at 13:57:42 PT:
i'm sorry but...
in response to the comment by mayan, you might want to check the facts of some of those articles. For example, the link from "the institute for public accuracy" doesnt even have the correct speech. check out http://www.whitehouse.gov/news/releases/2001/10/20011007-8.html for the transcript. they even have a video if you think the white house is lying. I'm no friend of bush, but its really not fair to critique a made up speech.
[ Post Comment ]
Comment #6 posted by John Markes on October 10, 2002 at 07:45:57 PT
they are legal in Utah, read more...
Under Utah State law, these men are not guilty.Utah State Code: 58-37-8. Prohibited acts -- Penalties(2) Prohibited acts B -- Penalties:
(a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a controlled substance, unless it was obtained under a valid prescription or order, directly from a practitioner while acting in the course of his professional practice, or as otherwise authorized by this chapter;--------------
It does not say that visitors to the state must get their prescription or doctor's order validates or replaced by a Utah physician.It goes o to the penalties portion...
--------------(b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
(ii) a substance classified in Schedule I or II, marijuana, if the amount is more than 16 ounces, but less than 100 pounds, or a controlled substance analog, is guilty of a third degree felony; or
(iii) marijuana, if the marijuana is not in the form of an extracted resin from any part of the plant, and the amount is more than one ounce but less than 16 ounces, is guilty of a class A misdemeanor.-------------
If you notice, this applies only if they are in violation by not having a validly issued prescription or doctor's order...
------------- I hope their defense attorney knows this or someone can remind him... Researched at http://www.livepublish.le.state.ut.us/
Drug Policy Education Group
[ Post Comment ]
Comment #5 posted by knox42897 on October 09, 2002 at 18:55:55 PT:
PROTEST RALLY TOMORROW
Who: NRLE, the campaign to pass Question 9What: A rally to support Question 9. Assemblywoman Chris Giunchiliangi will
be tapping a segment opposite the Federal Drug Czar on John
Ralston's show, "day one" on channel 8.When: THURSDAY, October 10, 2002. 11:00 a.m. PRESS EVENT.
Supporters please arrive by 10:15 a.m.Where: Near the Channel 8 Studios. 3228 Channel 8 Drive, the cross streets
are paradise and convention center drive. We will meet outside the
parking garage and assemble on the sidewalk near the studios. We will
validate your parking ticket.Why: To show our support for Question 9 and courageous spokespeople like
Assemblywoman Chris Giunchigliani. Nevadans DON'T appreciate the
Federal Government coming into our state and telling us how to vote on
Question 9. This is YOUR chance to be part of this historic effort. Look
professional-- the dress is business casual. We will have signs on hand
for supports to wave.
[ Post Comment ]
Comment #4 posted by Dankhank on October 08, 2002 at 15:23:08 PT:
Utah Sucks ....
A few years ago my son and a friend were travelling through Utah, avoid it if you can, and were cited for sharing "an imitation controlled substance."They were sharing a hand-rolled nicotine cigarette.When I contacted the arresting officer he said that the judge would sort it out.I wonder if the 7-11s in that benighted state sell rolling tobacco and rolling papers for tobacco?By the way, Utah is number one on the list of "percentage of population on depression drugs: Prozac, Zoloft, ... etc.Wonder why???????
Hemp N Stuff
[ Post Comment ]
Comment #3 posted by CorvallisEric on October 08, 2002 at 14:57:51 PT
Utah may have more than "a few cool folks"
1 - Their major newspaper The Salt Lake Tribune is better than most.2 - They voted for forfeiture reform (an even higher majority than in "liberal" Oregon).3 - SLC's mayor Rocky Anderson is fairly cool.
[ Post Comment ]
Comment #2 posted by mayan on October 08, 2002 at 14:37:43 PT
Utah Sucks
"Garrett said Utah law does not allow for prescriptions of federally designated Schedule one controlled substances, such as marijuana, therefore negating the prescriptions issued in California."The cannabis wasn't prescribed in Utah, was it? Utah sucks(no offense to the few cool folks in Utah).unrelated -Detailed Analysis of October 7 Speech by Bush on Iraq:
http://www.accuracy.org/bush/Truth on Iraq Seeps Through:
http://www.latimes.com/la-oe-scheer8oct08,0,5814986.columnDissent over going to war grows among U.S. government officials:
http://www.miami.com/mld/miamiherald/4234549.htmSupport for Iraq action at new low of 32%(UK)
http://www.guardian.co.uk/Iraq/Story/0,2763,806633,00.htmlBritain 'sheltering al-Qaeda leader':
http://news.bbc.co.uk/2/hi/uk/2115371.stmIRAQ HAS A LOT OF NERVE!(Part I)
http://www.scoop.co.nz/archive/scoop/stories/c0/79/200210071107.377d7e54.htmlMcDermott accuses Bush of plotting to be emperor:
http://seattletimes.nwsource.com/html/localnews/134549992_mcdermott07m.htmlA SOBERING EXPOSURE OF THE CARLYLE GROUP:
http://www.bankindex.com/read.asp?ID=1297BUSH, BLACKMAIL & BLUEPRINTS OF THE NEW WORLD EMPIRE:
http://www.bankindex.com/read.asp?ID=1296No-fly blacklist snares political activists:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2002/09/27/MN181034.DTL
[ Post Comment ]
Comment #1 posted by The GCW on October 08, 2002 at 13:50:59 PT
Simple enough.
The big bad wolf. The 3 little ones.Somewhere it is written, that the big bad wolf can eat You, if You use this plant, cannabis. ...Don't like the big bad wolf or the bad evil that feeds Him.Don't like thinking My country's government is the big bad evil wolf, consuming the weak.Give themselves permission to consume You. The consumer nation wants to consume, You.Your body fluids, soul, attention, labors, money, property, children, everything. Sponge.
[ Post Comment ]
Post Comment