cannabisnews.com: Marijuana Ruling Will Be Appealed 





Marijuana Ruling Will Be Appealed 
Posted by CN Staff on June 24, 2003 at 13:11:08 PT
By Tony Gordon, Daily Herald Legal Affairs Writer
Source: Daily Herald 
Brenda Kratovil settled her marijuana possession case Monday in one legal forum in order to take it on to another. Kratovil, 42, of Beach Park, took a felony conviction from Lake County Associate Judge John Phillips, clearing the way for her lawyers to go to the appellate court and argue she uses the drug for her health.She was arrested Sept. 4, 2001, when agents of the Lake County Metropolitan Enforcement Group found 25 7-foot-tall marijuana plants growing behind her home at 9905 Oak Forest Lane and seven other plants being dried inside.
Kratovil told police she was growing the plants because smoking marijuana relieves her pain from a degenerative eye disease. She said she was not selling marijuana.Vernon Hills defense attorney David Stepanich attempted to have the evidence against Kratovil thrown out by arguing her property was illegally searched.He also tried to convince a judge to instruct jurors in the case they could exonerate Kratovil if they believed her medical condition gave her no other choice than to possess the drug.But Stepanich lost both motions and said Monday he did not want to risk taking the case to trial and allowing Kratovil to face up to five years in prison if convicted."We are in this posture today because we have effectively been silenced," Stepanich said. "We can not come into court and tell the jury what they need to know because prior rulings have told us to shut our mouths."Stepanich said he believes it is possible Phillips may have allowed him to present some evidence concerning Kratovil's use of marijuana as a pain reliever, but that would have been subject to the filing of more motions and further hearings.Assistant State's Attorney Amy Meister Falbe said the state was not unsympathetic to Kratovil's medical condition, but one of her own physicians testified at an earlier hearing that prescription drugs and surgery would probably have brought her greater and longer-lasting relief.She also questioned Kratovil's claim the marijuana, or cannabis as it is referred to in court, was strictly for medicinal purposes because in her house were posters celebrating the marijuana culture and pictures of her son and other children standing in front of the plants."It is obvious that she is suffering, but the law in Illinois does not recognize that defense at this time," Falbe told Phillips. "The posters and the photographs show more of the cannabis lifestyle than a medical necessity."Both sides met with Phillips behind closed doors to discuss a disposition of the case, then returned to open court where Kratovil agreed not to contest the evidence against her and was convicted.Phillips said both what he heard in the meeting and in court convinced him Kratovil was not a candidate for prison or jail time, nor was it necessary for him to sentence her to a period of regular probation.He sentenced her to one year's conditional discharge, during which she will not have to report to a probation officer nor comply with some of the more stringent oversight conditions, such as drug and alcohol testing.Phillips fined Kratovil $500 and ordered her to perform 30 hours of public service, which Stepanich said she will probably complete through volunteer work at her church.Stepanich said he will appeal the conviction and loss of both motions within the 30 days allowed by the law."The law in this state as it effects situations such as this is archaic and out-of-date," Stepanich said. "This is an important issue and I believe there are new ways to interpret the laws."Source: Daily Herald (IL)Author: Tony Gordon, Daily Herald Legal Affairs WriterPublished: Tuesday, June 24, 2003Copyright: 2003 The Daily Herald CompanyContact: fencepost dailyherald.comWebsite: http://www.dailyherald.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmJudge Says Drug Wasn't A Medical Necessityhttp://mapinc.org/drugnews/v03/n874/a06.htmlCould Marijuana Be Legal in Illinois? http://cannabisnews.com/news/thread15443.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #9 posted by FoM on June 24, 2003 at 23:15:57 PT
Thanks JR
I just told afterburner in another thread I will watch Marc tomorrow after I shake this annoying headache. Thanks for the link! 
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Comment #8 posted by FoM on June 24, 2003 at 22:58:57 PT
312
Please don't worried about it. That's OK it happens. Is this the article you are looking for? The Green, Green Grass That's Home: http://www.cannabisnews.com/news/thread16615.shtml
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Comment #7 posted by 312 on June 24, 2003 at 22:51:52 PT
Sorry you already have that one
http://www.cannabisnews.com/news/16/thread16655.shtmlI was trying to find a story I read about a hemp house yesterday and got sidetracked.
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Comment #6 posted by 312 on June 24, 2003 at 22:30:15 PT
A Quarter Ounce a Day
Don't know if you caught this one. It's a couple days old now.http://www.austinchronicle.com/issues/dispatch/2003-06-20/pols_feature.html"George McMahon of Tyler is one of seven people in the United States currently granted federal permission to use marijuana for medicinal purposes, under the "Compassionate Investigational New Drug" (IND) program of the Federal Drug Administration."Try saying, "Marijuana has no medical value" after reading that sentence. Damn Schedule One Lie.
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Comment #5 posted by something on June 24, 2003 at 22:17:50 PT
Fox News
This same story was run on Fox News Chicago. They did the "Voice Your Choice" thing about medical pot. Basically people just call in and say their opinions. 93% of callers were for medical cannabis while only 7% were against it. Of course this is one of those biased polls where only volunteers respond, but 93% is very encouraging, and unexpected I think.
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Comment #4 posted by JR Bob Dobbs on June 24, 2003 at 19:54:03 PT
Prince Of Pot Summer 2003 Legalization Tour
Marc Emery was so pleased at the results of Thursday's smokeout in front of Toronto police headquarters that he's vowing to hold similar gatherings in every province this summer!
http://www.pot-tv.net/archive/shows/pottvshowse-2030.html
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Comment #3 posted by mayan on June 24, 2003 at 17:56:25 PT
Illinois' MMJ Law?
"The law in this state as it effects situations such as this is archaic and out-of-date," Stepanich said. "This is an important issue and I believe there are new ways to interpret the laws."I wonder if Stepanich is aware of the Illinois mmj law that Paul Peterson has brought to our attention? Might this get interesting?The way out is the way in...New Flashcards of 9/11 Flights:
http://news.globalfreepress.com/article.pl?sid=03/06/23/00332389/11 HIGH TREASON!!
http://www.questionsquestions.net/docs0209/0930_bdquig.htmlNo Prior Warning At WTC On 9/11?
http://www.rense.com/general22/wtcc.htmTHE SPLIT-SECOND ERROR...EXPOSING THE WTC BOMB PLOT:
http://www.serendipity.li/wot/psyopnews1.htmWTC COLLAPSE SHOCKS TOWERS ENGINEER, ARCHITECT:
http://phoenix.akasha.de/~aton/GNNWTCDesignedForImpact.htmlWhat We Still Don't Know About 9/11:
http://xymphora.blogspot.com/2003_06_01_xymphora_archive.html#105618137689004288STILL No Arabs On Flight 77:
http://rense.com/general38/77.htm
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Comment #2 posted by JR Bob Dobbs on June 24, 2003 at 16:16:38 PT
Parrot gets blame for cannabis plants
http://www.edp24.co.uk/content/News/story.asp?datetime=24+Jun+2003+07%3A27&tbrand=EDPOnline&tCategory=NEWS&category=News&brand=EDPOnline&itemid=NOED23+Jun+2003+20%3A27%3A34%3A420
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Comment #1 posted by JR Bob Dobbs on June 24, 2003 at 14:45:13 PT
On a related note
IACM: More HIV patients Use Cannabis For Mental Than Physical Reasons:
http://bbsnews.net/bw2003-06-24.html
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