cannabisnews.com: Rx for Medical Marijuana - Prosecutors: Back Off Rx for Medical Marijuana - Prosecutors: Back Off Posted by CN Staff on February 19, 2003 at 07:50:10 PT Editorial Source: Press-Telegram Nowhere does the so-called war on drugs reveal its futility and cruelty than in the selective prosecution of medical marijuana patients.Six years ago the majority of California voters approved the use of marijuana for medical reasons, yet patients … many of them elderly and seriously ill … must live in constant fear of prosecution. Take the case of Nathan Smiley, profiled in a Tuesday Press-Telegram article by Wendy Thomas Russell. Smiley is 69, walks with a limp, and planned to use marijuana with a doctor`s permission to help alleviate pain in his ailing hip. He was arrested two years ago and charged with growing 19 marijuana plants in his Long Beach apartment.The case that should never have gone to trial … we can`t imagine a bigger waste of court time and taxpayer dollars … ended in a hung jury. Long Beach Judge Richard Romero dismissed the case "in the interests of justice." He got it absolutely right.Amazingly, though, local prosecutors in the L.A. District Attorney`s office refiled the case last week. Apparently they just don`t know when to quit.The problem stems largely from the ongoing conflict between state and federal laws, which gives rise to highly selective prosecutions on a local level. Patients who possess small amounts of marijuana and a doctor`s note generally escape police and prosecutor radars, but those who grow marijuana plants become targets (God forbid they should try to avoid the illegal black market by growing their own).Clearly judges and juries aren`t eager to punish these people. Of the four known cases that have gone to trial in Long Beach, including Smiley`s, three have been dismissed by judges and one was overturned on appeal. The public doesn`t want them charged, either: Proposition 215 established clearly the intent of voters to allow sick people to use marijuana.Some communities are searching for reasonable solutions. Oakland has tried to establish legal, highly regulated cannabis clubs, but has found itself in the cross-hairs of the federal government`s overzealous drug warriors. San Diego is among several cities that have established task forces to consider Prop 215 guidelines, such as registries, ID cards, and parameters on possession and cultivation. Long Beach should join San Diego in this solution-oriented approach.The nation`s 40-year-old war on marijuana was always misguided, at best, in its targeting of a relatively benign substance. But now, at a time when insidious terrorist networks threaten to destroy American lives, the use of law enforcement and legal resources to go after sick marijuana users is both laughable and sad.This issue isn`t going to be resolved any time soon, but small steps can be taken. For starters, the D.A.`s office should back off from Smiley and other medical marijuana users, and the city of Long Beach should take a leadership role in upholding the will of voters and supporting the legal use of medical marijuana.Complete Title: Rx for Medical Marijuana - To Prosecutors: Back OffSource: Long Beach Press-Telegram (CA)Published: Tuesday, February 18, 2003Copyright: 2003 Los Angeles Newspaper GroupContact: speakout presstelegram.comWebsite: http://www.presstelegram.com/Related Articles & Web Sites:Americans For Safe Accesshttp://www.safeaccessnow.orgMedical Marijuana Awareness Weekhttp://freedomtoexhale.com/aware.htmL.B. Tangled in Murky Marijuana Lawhttp://cannabisnews.com/news/thread15499.shtmlPot Patients' Lawyer Wants DA Off The Casehttp://cannabisnews.com/news/thread15046.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by The C-I-R-C-L-E on February 19, 2003 at 15:15:05 PT Golldang right! Preach it brother! http://www.superbad.com [ Post Comment ] Post Comment