cannabisnews.com: Police Return Seized Pot Police Return Seized Pot Posted by CN Staff on January 04, 2003 at 09:05:27 PT By Patrick S. Pemberton, The Tribune Source: SanLuisObispo.com San Luis Obispo - Donovan No Runner walked out of the San Luis Obispo Police station all smiles Friday, holding the bag of marijuana authorities had returned to him.A local Superior Court judge had ordered the city to return the marijuana it confiscated from No Runner last summer, ruling the 23-year-old Grover Beach man had a valid doctor's recommendation. But police were concerned that handing the pot over to No Runner would violate a federal law prohibiting the distribution of controlled substances.As a result, the City Council considered appealing the court's ruling during a last-minute meeting Friday, but instead it decided to give up the fight."The city is an agency of the state, and we're following state law and a court order," Interim City Attorney Gil Trujillo said.Shortly after the city decided not to appeal the case, No Runner went to the police station, where his 8.4 gram bag of marijuana was returned -- still in good condition.While smoking marijuana is illegal under federal law, California's Proposition 215 makes it legal for those with a doctor's recommendation."For the time being, people are protected under state law, not under federal law," said Bruce Mirken, a spokesman for the Washington, D.C.-based Marijuana Policy Project, which advocates the decriminalization of marijuana use.While state voters legalized medicinal marijuana, law enforcement can still confiscate pot until it is proven that a doctor's recommendation is legitimate.No Runner's difficulty arose because state law does not specify what is supposed to happen to medicinal marijuana once confiscated.In court last month, No Runner's attorney, Lou Koory, cited an Oregon case in arguing that police are immune from federal prosecution, though no such case exists in California.Trujillo said that ultimately, the issue will be resolved in a higher court.With no clear guidelines for such a case in the state, No Runner's case could have become a precedent on appeal.But the city also decided it was not feasible to pay attorneys' fees at a time when it is experiencing a $5 million deficit.Koory said he and his client were ready to fight the issue if an appeal had been sought."We're just happy that common sense prevailed," he said.No Runner said his doctor recommended marijuana to combat the effects of bipolar disorder.He was lighting a water pipe near SLO Brewing Co., between a trash can and a tree, when he was stopped by a police officer in August.No Runner told the officer he had a doctor's recommendation, but he was cited anyway, and his marijuana was taken.Once the recommendation was verified, the District Attorney's Office dismissed criminal charges. But police would not return the pot or the pipe.Last month, Superior Court Judge Barry LaBarbera, intending to set a local precedent, said the police had to return the marijuana within 30 days.Koory said the police could have faced a contempt of court charge had they not returned the pot by Friday's deadline.Despite the difficulty in getting his pot returned, No Runner said he wanted to set an example for others who need medicinal marijuana -- particularly those who have greater needs than he does."I'm glad this happened to me," he said. "I'm physically able to fight this."Without a clear guideline, he said, police could confiscate marijuana merely to keep legitimate users from smoking it."They can't just go around taking medication from sick people," he said. Note: Owner had doctor's recommendation to use the marijuana.Source: SanLuisObispo.com (CA)Author: Patrick S. Pemberton, The TribunePublished: Saturday, January 04, 2003Copyright: 2003 The TribuneContact: letters thetribunenews.comWebsite: http://www.sanluisobispo.com/Related Articles & Web Site:Marijuana Policy Projecthttp://www.mpp.org/Judge Orders Police To Give Back Marijuanahttp://cannabisnews.com/news/thread14887.shtmlMarijuana Mayhem - New Timeshttp://cannabisnews.com/news/thread14811.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by FoM on January 04, 2003 at 23:07:46 PT Thanks p4me Nice chat tonight! Learned a lot thanks for the help. [ Post Comment ] Comment #8 posted by p4me on January 04, 2003 at 22:58:55 PT NYC banning smoking in jails- NY Times It is not related to cannabis, but if they eliminate cigs, that mj smell will be easier to smell. "As Smoking Ban Hits Jails, It's the Guards Who Worry"- http://www.nytimes.com/2003/01/05/nyregion/05JAIL.html [ Post Comment ] Comment #7 posted by Richard Lake on January 04, 2003 at 20:39:09 PT: No Java Required! The chat room is designed for using the small MUD/MOO shareware programs that can be downloaded and used like forever (with a little begging but not that much) for free.Using a browser with Java is a whole lot less fun.The chatroom homepage says:CannabisNews uses the Melange Chat Server. It requires a Java capable browser such as Netscape or MS Internet Explorer 3.x or better. Though similar, it is NOT an Internet Relay Chat (IRC) server and it is NOT compatible with IRC clients such as mIRC. It is possible to connect to the chat server with most MUD/MOO clients at CannabisNews.com (IP address 216.86.110.91), port 8002. MUSHClient http://www.gammon.com.au/downloads/dlmushclient.htm for Windows by Gammon Software Solutions works well. Rapscallion http://www.rapscallion.co.uk/ is a good Macintosh client. There are other Mac clients at the Mac Orchard http://www.macorchard.com/mud.html but we can not specifically recommend any of them.----I have used MUSHclient for years, and would not consider using a browser ever for the chat rooms.Yes, it is possible for someone to go to the chat room and cause trouble or spy. However, it is being monitored, and we can backtrace folks who are there. And kick them out as appropriate, and if need be block their access.But that does not mean anybody should confess to breaking laws in any chat room (folks who do it in "stoner" chatrooms hosted by U.S. firms or ISPs are nuts, IMHO.) or via email or any other way. Get real!OTOH, the ISP CNEWS and the chat room is on is in B.C. The guy who owns the hardware is not about to bend to U.S. pressure or legal demands, or anybody elses as far as that goes. Not only are lawyers standing by, the fact that thru DrugSense 90 some websites are hosted, along with over a hundred email lists and forums, spread over three very fast machines with RAID hard drives and off site nightly backup means that we all are a significant share of the guy's income, which he would fight for, for sure.Richard CNEWS CHAT [ Post Comment ] Comment #6 posted by p4me on January 04, 2003 at 20:08:31 PT It is all really sickening I guess I have run out of ways to say how corrupt things are when cannabis prohibition can survive in the year 2003. But in the interest of having informed Cnewser out talking about reform, I want to inform you that the national debt clock has changed their estimate of the federal government deficit's from $1.25 billion to $1,300,000,000 million a day. http://www.brillig.com/debt_clock/It is funny that even the independent writers that make prominent websites on the Internet are not asking where all this money is going. The monied interest have made a concerted effort to control the media. There was an excellent article that talked of the media in Venezula that is blatantly for breaking the regime that is actually trying to look after the interest of the poor in Venezula. They actually want to spend oil revenue and taxes on projects for the people when there are wealthy people that could be wealthier if they can get rid of the present regime that thinks that the masses count. This is about Venezula but it is enlightening about the media in the US and is titled, " Venezuela: Chomsky's Tropical Nightmare." http://www.counterpunch.org/mutaner01042003.htmlThere were probably 5 top notch articles up at CounterPunch.org. There was one that really got me laughing like I had smoked some herb when he got off on Busch especially one paragraph that I will copy. Ben Tripp told me what I wanted to hear in this article titled "How Do You Say 'Hoist By Your Own Petard' in Korean? or This is No Chinese Fire Drill"- http://www.counterpunch.org/tripp01042003.htmlSo what are you going to do about it, George? Let me guess. Nothing, because you can't. Our entire military is massed in the wrong place around a straw man you set up to distract the angry American people from the simple, inescapable fact that you're the lowest-rent, dumbest, most ignorant, big-money screw-the-public tax-and-spent fuckwad ever to steal public office in this nation's history. At least Reagan was elected. You are going to send your lily-livered chickenhawk shills out to quell domestic dissent and spread the bullshit while you gamely press on with this schoolyard bully routine with Iraq. The media will follow your orders, because the same handful of rich men that own you, own them. But there's no hiding the facts, George. North Korea is the 500 pound gorilla in the corner of the room, and it's thinking your neck looks mighty like a banana. I'll tell you what, though. I believe the rest of the world is going to pull our asses out of the fire on this one. I believe the rest of the world still has intelligent diplomats at its disposal, and some pragmatic thinkers, and some ability to compromise on issues of mutual benefit. They'll work something out while we're knocking Saddam's dick in the dirt. [ Post Comment ] Comment #5 posted by knox42897 on January 04, 2003 at 18:35:59 PT: US: MPP Accuses Drug Czar Of Abuse Of Authority Snipped:Complete Article:http://www.mapinc.org/drugnews/v03/n015/a01.html?1042he said. [ Post Comment ] Comment #4 posted by knox42897 on January 04, 2003 at 16:25:02 PT: Proposition 420 in Nevada "to include another "special tax" that "temporarily superceede" regular tax to be paid:30% to victims of drugwar 70% to other /(if not every)Proposition 420 that is invoked by every legally registered voter, in the country and/or other countries and/or every country in the world." I said."Yes I think that is an excellent Idea" he said. "When I said, "That to him on the phone with him, but right now I must must take a "PT Break" because I am celebrating my Father's Anniversary. I said. Hey The GCW do you know what time it is? Is it Pablo Time in your "Zone"? [ Post Comment ] Comment #3 posted by The GCW on January 04, 2003 at 13:58:10 PT Heroes abound. Hit 'em hard w/ TRUTH! Since Ken, said to pass it on, here on Cnews, I pass it.Marijuana Newsletter #1 Ken Gorman - U.S. Anti-Drug War Activist ------------------------------------------------------------------------------------------- I’ve been fighting against the insanity of this drug war, and the war on pot in particular, for the last ten years. Trials, jail, prison, a halfway house, and now being on parole has only solidified my resolve to force the war pigs out of our lives and put an end to the abomination called prohibition…and I’m sure as hell not going to let the Marijuana Policy Project have another go at some lame ass proposition that they never intended to get passed (Nevada).Since Colorado (the state with more pot smokers than any other state) is my base of operations I’ve teamed up with one of the most successful and politically hated initiative writers in the country. He has never lost a proposal before the Secretary of States office and respects the marijuana movement as one of the most honorable and pro-Constitution efforts in this country. We are working together to produce an initiative that eliminates Colorado’s role in the enforcement of ANY criminal penalty for the personal use, growing, or distribution of marijuana. Since we can’t say marijuana is going to be legalized we will be telling the Federal government that if they want a War on Pot they’ll have to do it themselves; this state will no longer play your stupid games.The tactics of this initiative allow every state to use the same language as a statement of withdrawal from this war and shows the Feds that state by state we will challenge the lies of their corporate bosses. The campaigns to pass this initiative will be the nastiest attacks ever seen in the history of politics and all we have to do is tell the truth about the racism and greed that made marijuana illegal. I have absolutely no intention of being polite; an asshole is an asshole and needs to be reminded of that fact.If you were disgusted by the wussy effort by the M.P.P. in Nevada or can’t stand to see their incompetent spokesmen try to apologize their way into another futile attempt at legalization then take a look at the Proposition I’ve posted on my site and look around to see what kind of person I am. There is no longer any reason for civility and even though I’ve been criticized for my verbal attacks on the enemies of this planet, there just isn’t any room for us to be nice or complacent ever again. You can also get an idea of my presentation at www.pottv.com and do a search for Ken Gorman.I want your support on this project but there is no need what so ever to try to collect the millions that were wasted by the M.P.P. The only need I have is for this Initiative to be seeded. The support I have in Colorado is already here, so I can raise the real money I need from the citizens and business people of this state. $10, $20, or $50 from the people I have convinced that a serious attack is necessary will start the engine of our initiative to take back our freedoms. Screw this war!My address is: Ken Gorman 1073 S. Decatur St. Denver, Co. 80219…and if you need to contact me with suggestions or proposals of your own, my number is 720-436-2825. My website address is at the bottom of this page and another site you may want to visit for the upcoming 420 Festivals around the country is:www.project420.orgThanks for your time,Ken GormanForward this newsletter to fellow activists that are interested in legalization.Ken Gorman http://www.kg1.org(This is also, on Ken:)US CO: PUB LTE: To Police And DAs: We'll Make The Laws, Not You http://www.mapinc.org/drugnews/v02/n716/a03.html?1698 US CO: Drug Testing - Is It A Fraud, Or Is It Saving Lives http://www.mapinc.org/drugnews/v02/n900/a12.html?1698 US CO: Unofficial Holiday to Draw Thousands http://www.mapinc.org/drugnews/v02/n894/a06.html?1698US CO: Pro-Drug Crusader http://www.mapinc.org/drugnews/v02/n1093/a05.html?1698 US CO: PUB LTE: Marijuana Man http://www.mapinc.org/drugnews/v02/n1138/a05.html?1698 [ Post Comment ] Comment #2 posted by knox42897 on January 04, 2003 at 10:35:17 PT POP! Goes the Magic Bubble Police were concerned that handing the pot over to No Runner would violate a federal law prohibiting the distribution of controlled substances."For the time being[in reference to the "drugWar Era], (some)people are protected under state law, not under federal law,""We're just happy that common sense prevailed," he said."I'm glad this happened to me," he said. "I'm physically able to fight this.""They can't just go around taking medication from sick people," he said [ Post Comment ] Comment #1 posted by p4me on January 04, 2003 at 09:29:47 PT Way to spend that political capital, Busch Didn't Busch's mother tell him about the importance of priorities? Perpetuating the WOD is no conservative cause and does not endear him to his conservative base. If he is not happy with his 55% and falling job approval rating now, he should not be advancing falsehoods like the Schedule One Lie that kill people and cause them to suffer. Busch could end the lying and make the world a better place, but lying doesn't bother him as it is just a tool for savy politicians and he surely does not care if people needlessly die or suffer.China just announced they would be making AIDS drugs to treat the estimated 10 million people with AIDS. I wonder what their views on cannabis will be? China will also be advancing the hemp cause. China more progressive than the US- who would have ever thought that? [ Post Comment ] Post Comment