cannabisnews.com: Council To Discuss Medical Marijuana





Council To Discuss Medical Marijuana
Posted by CN Staff on January 04, 2003 at 09:14:55 PT
By Patrick S. Pemberton, The Tribune
Source: SanLuisObispo.com
Donovan No Runner wants his medicinal marijuana back today from San Luis Obispo police. A judge has ordered officers to do just that. But the City Council has scheduled a special 12:30 p.m. closed-door meeting to discuss possible legal action it could take regarding the Grover Beach resident and his pot.The City Attorney's Office can't say what the council plans to discuss, but one option could involve appealing the judge's order requiring the city to return No Runner's marijuana.
No Runner, 23, was stopped by police on Aug. 8 while smoking pot in public. California law makes it possible for physicians to prescribe marijuana for patients suffering from cancer, AIDS and other serious illnesses. Although No Runner, who suffers from bipolar disorder, had a doctor's recommendation, he was arrested and charged with a misdemeanor until he could prove that the recommendation was valid.When the recommendation proved to be legitimate, the District Attorney's Office dropped the charges. But the San Luis Obispo Police Department refused to hand over the 8.2 grams of marijuana, saying it would be illegal under federal law.A 1970 federal statute made it illegal to distribute controlled substances.Last year, No Runner held a one-man protest at the county courthouse to bring attention to his arrest and the confiscation of his marijuana.Last month, Superior Court Judge Barry LaBarbera said the Police Department was immune from prosecution under federal law. He then ordered police to return No Runner's marijuana, worth roughly $100, within 30 days.If the police refuse to hand over the pot, said No Runner's attorney, Lou Koory, the department could be held in contempt of court."We have a valid court order in place," he said. "That court order is compelling the Police Department to give back the property to No Runner."Keeping the substance, Koory said, would nullify Proposition 215, the voter-approved initiative legalizing medicinal marijuana.Gil Trujillo, with the City Attorney's Office, agreed the court has ordered the return of the marijuana. And, he said, the court also ruled that the city has no standing in the case.But the city could appeal that ruling with authorization from the council.Note: Police say return of pot would be illegal action.Source: SanLuisObispo.com (CA)Author: Patrick S. Pemberton, The TribunePublished: Friday, January 03, 2003Copyright: 2003 The TribuneContact: letters thetribunenews.comWebsite: http://www.sanluisobispo.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmPolice Return Seized Pothttp://cannabisnews.com/news/thread15112.shtmlJudge Orders Police To Give Back Marijuanahttp://cannabisnews.com/news/thread14887.shtmlMarijuana Mayhem - New Timeshttp://cannabisnews.com/news/thread14811.shtml
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