cannabisnews.com: Trio Loses Medicinal Marijuana Dismissal Bid 





Trio Loses Medicinal Marijuana Dismissal Bid 
Posted by CN Staff on December 09, 2002 at 08:53:45 PT
By Stephen Hunt, The Salt Lake Tribune 
Source: Salt Lake Tribune
Three California men with medical prescriptions for marijuana have lost their bid for early dismissal of drug possession charges filed in Iron County.   That leaves Dennis Peron, 57, John Entwistle, 38, and Kasey Conder, 19, all of San Francisco, still facing trial on charges of third-degree felony possession with intent to distribute and misdemeanor possession of drug paraphernalia.
The trio was on vacation in November 2001 when they were busted at a Cedar City motel with relatively large quantities of marijuana and cash, according to police.   The defendants filed motions to dismiss their charges, arguing that prescriptions written by California medical doctors protect them from prosecution. California's "Compassionate Use Act," passed in 1996, allows the possession of marijuana for medical use.   But 5th District Judge Philip Eves was not persuaded the California prescriptions are valid in Utah, which has no compassionate use statute. Eves declined to dismiss the charges, saying the issues must be decided by a jury. No trial date has been set.   The three defendants had nearly a pound of marijuana among them, $7,500 in cash, a sackful of marijuana brownies and 13 copies of a book co-written by Peron that advocates medical marijuana use.   The defendants insist the marijuana was for personal use, and that they needed a large amount because they planned extended travel outside of California. Peron and Entwistle say they have been prescribed marijuana for their alcoholism; Conder uses it to fight depression.   But in his 11-page ruling filed last month, Eves noted that the amounts of marijuana and cash seized from the defendants "raises sufficient evidence upon which a trier of fact could rely to find guilt" on the distribution charges.   Regardless of the impact of California's Compassionate Use Act, a California prescription "cannot authorize the defendants to engage in the distribution of a controlled substance contrary to the laws of Utah," Eves wrote.   Medical prescriptions, other than for illegal drugs, are generally valid across state lines, Eves wrote. However, Utah law completely prohibits prescriptions for Schedule I controlled substances, which includes marijuana.   California and seven other Western states, including Nevada and Colorado, have medical marijuana laws on their books. Peron says he helped write the voter initiative that resulted in the California law.   A May 2001 U.S. Supreme Court decision purportedly invalidated existing state medical marijuana laws, and probably prevents the creation of such a law in Utah.   The ruling, however, apparently has not triggered a crackdown on medical marijuana use. Source: Salt Lake Tribune (UT)Author: Stephen Hunt, The Salt Lake Tribune Published:  December 09, 2002Copyright: 2002 The Salt Lake TribuneContact: letters sltrib.comWebsite: http://www.sltrib.com/ Related Articles & Web Site:Marijuana.orghttp://www.marijuana.org/San Francisco Trio to Get Utah Trial on Pot Chargehttp://cannabisnews.com/news/thread12389.shtmlBusted Tourist Vows To Fight Drug Chargeshttp://cannabisnews.com/news/thread11405.shtml
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Comment #3 posted by freddybigbee on December 09, 2002 at 12:16:54 PT:
Intent to distribute
Intent to distribute charges based on amount of herb is tantamount to charging someone with intent to murder based on the amount of ammunition (for a gun) they posess. How can intent be determined from quantity? Someone who eats herb could use pounds fairly quickly. The brownies indicate the defendents do in fact eat the herb. Perhaps posession of laced brownies should serve as evidence of intent not to distribute!
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Comment #2 posted by druid on December 09, 2002 at 09:23:14 PT:
Study disputes drug link to violence
Here's another story I liked :)Most arrested for violent crimes weren't under the influence, researchers say.
By Nancy Weaver Teichert -- Bee Staff Writer
Published 2:15 a.m. PST Monday, December 9, 2002http://www.sacbee.com/content/news/story/5525007p-6504128c.html
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Comment #1 posted by druid on December 09, 2002 at 09:08:04 PT:
Progress of the Greens in Jerusalem
Dec. 9, 2002
'Green Leaf' on a roll
By DANIEL BEN-TAL AND NINA GILBERTThe mainstream pollsters aren't saying it, but Boaz Wachtel of the Green Leaf Party ("Aleh Yarok") believes that he will serve as a member of the next Knesset. http://www.jpost.com/servlet/Satellite?pagename=JPost/A/JPArticle/ShowFull&cid=1039323531552
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