cannabisnews.com: Marijuana Advocate Pursuing Chico Dispensary Marijuana Advocate Pursuing Chico Dispensary Posted by CN Staff on June 12, 2003 at 07:55:42 PT By Eleanor Cameron - Staff Writer Source: Chico Enterprise-Record People have been imprisoned for what Joel Castle wants to do - establish a medical marijuana dispensary in Chico. And he wants the Chico Police Department to help by donating seized marijuana.One of the reasons I'm doing what I'm doing is it's OK to have 28 grams or less in your possession, but how are you going to get it? The prevailing way is through an underground market: Make a connection and pay a premium (for the marijuana) because it's against the law," said Castle. "Medical users don't want to walk to a secret underground to get it." He wants it to be easier for individuals with marijuana recommendations to get their "medicine.""You can have it medicinally but you have to commit a felony to get it," he said referring to laws prohibiting the sale and purchase of marijuana.His office is in the back of a clothing store on the 100 block of West Fifth Street. He says his office is separate from the store. However, it shares the same street address. Visitors to Castle's office have to pass through a doorway with sign reading "Cheech and Chong St." above it. Standing in the door, to the left is a lounge area with a sofa, television and recliner. To the right is a display case with hemp jewelry and glass pipes. Castle has a recommendation and uses marijuana to relieve his arthritis. During a visit by the Enterprise-Record, he pulled a plastic zip-lock bag filled with marijuana out of a desk drawer. Castle valued it at $600. A colorful glass pipe was in another drawer. Castle's medical marijuana recommendation is stapled to the inside of the back door. A triple beam scale was on a shelf behind him. "It's for my own personal use," he said when asked about the scale."Marijuana laws have only been on the books for 65 years out of 2000-year history," said Castle. He says he is ready to fight to reverse the last 65 years of history.Giving away marijuana - "furnishing" in legal language - is also illegal in California and that's what Castle wants to do. According to California law it is also illegal to maintain a place where marijuana is given away. Castle wants to change those laws and would like to get all sides together to discuss it.He believes Chico's new chief of police is progressive and sophisticated enough to realize it (medical marijuana) is not going to go away. He would also "love to have (District Attorney Mike) Ramsey's input." "He's a pretty smart guy. He didn't get where he is by not eating his Wheaties," Castle said, adding, "I'm sure he's got a spare desk or two he could donate to the cause." Ramsey's input: "He shouldn't do this." "California's appellate courts have made it clear you cannot give away marijuana for medical purposes," said Ramsey, noting the decision came from a case out of Oakland in which the city had given its approval for a marijuana dispensary to operate. "We have done this before and there was some publicity about it at the time," Ramsey said. "We made it clear, it's against the law."According to the law, a caretaker is someone who has assumed care for the sick person on a full-time basis, Ramsey explained. A caretaker can grow medical marijuana for an individual to ill to grow it for himself. "It does not allow anyone to take care of the world."Ramsey acknowledged a "huge inconsistency" in Prop. 215: The purchase of marijuana plants and seeds is illegal. Law enforcement will not try to trace the purchase of the plants and seeds when they come across people who are true believers and have a medical need, he added. Ramsey said if Castle insists on pursuing the dispensary, he may find he has some visitors from law enforcement. Castle says he's not forcing the issue, just showing it won't go away. "They (the establishment) can use me as a sacrificial lamb to the slaughter or use me to pave the way," he said.One of his ideas is to have volunteers to help grow the pot and for growers to "donate" surplus crops. He would also like for the Police Department to donate seized marijuana. A call to Capt. John Viegas of the Chico Police Department requesting a response to Castle's idea was not returned by press time. "Many patients would rather take marijuana then drugs," said Castle. "Drugs will kill you. This is an herb. In excess it won't kill you." When asked about criticism that Prop. 215 is used by people just looking for an excuse to light up, he said, "Yeah, it's probably true." But he doesn't consider that a bad thing and thinks recreational use should be allowed. "It's time to make it legal. We need to challenge the thinking. It's no big deal if people use it for stress relief." Castle is willing to put his face and name in the public realm because he truly believes in his cause. His Web site actually promises to pay individuals jailed for marijuana offenses $200 per day up to $250,000, provided the funds are in the coffer and defendants meet certain conditions that are spelled out on the site. According to the site he currently has $350 in that coffer. Complete Title: Marijuana Advocate Pursuing Downtown Chico DispensarySource: Chico Enterprise-Record (CA)Author: Eleanor Cameron - Staff Writer Published: Thursday, June 12, 2003Copyright: 2003 The Media News GroupContact: letters chicoer.comWebsite: http://www.chicoer.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by afterburner on June 12, 2003 at 13:08:16 PT: Felony? Not Always. "You can have it medicinally but you have to commit a felony to get it," [Joel Castle] said referring to laws prohibiting the sale and purchase of marijuana. According to the NORML website, California possession, not purchase, is an offense, but not a felony: =============================Incarceration======================================Fine Possession: 28.5 g or less==misdemeanor==========none=====$100 More than 28.5 g=misdemeanor=========6 months=$500 Sale:Gift of less than 28.5 g=misdemeanor======none=====$100 -NORML Home > State By State Laws > California (penalties) http://www.norml.org/index.cfm?wtm_view=penalties&Group_ID=4525 However, he is quite right that someone may have to commit a felony in the transaction: =========================================================Incarceration =====================================================================Fine Cultivation: Any amount (exception for patients or caregivers)=felony===========16 months Sale: Any amount==felony========================================2 -4 years==none Sale to minor under 21=felony=====================================3 - 5 years=none -NORML Home > State By State Laws > California (penalties) http://www.norml.org/index.cfm?wtm_view=penalties&Group_ID=4525 If the patients are unable to obtain medical support or a caregiver, cannot grow their own, or need more than one ounce (28.5 grams) of supply, then someone must commit a felony.The Federal guidline are even more onerous: =========================================================Incarceration ================================================================================Fine Possession: Any amount (first offense)=misdemeanor===================1 year=================$1,000 Any amount (second offense)=misdemeanor==================15 days MMS*===========$2,500 Any amount (subsequent offense)=misdemeanor or felony====90 days MMS* - 3 years=$5,000 *Mandatory minimum sentence. Sale or Cultivation: Less than 50 kg=felony====================================5 years================$250,000 ...Gift of small amount see Possession -NORML Home > State By State Laws > FEDERAL (penalties) http://www.norml.org/index.cfm?wtm_view=penalties&Group_ID=4575 After the third "offense" for Federal Possession or Gift of Small Amount, the possibility of felony arises. As for Federal Sale or Cultivation, felony is always prescribed.ego transcendence follows ego destruction, but even in California medical protection is spotty and can lead to asset forfeiture, massive fines, jail time, and even felony convictions. [ Post Comment ] Comment #1 posted by CorvallisEric on June 12, 2003 at 11:37:44 PT Joel Castle's website mentioned in article http://www.americanvotes.com/ [ Post Comment ] Post Comment