cannabisnews.com: L.A. Judge Rules No Prison for Three MMJ Workers L.A. Judge Rules No Prison for Three MMJ Workers Posted by CN Staff on November 24, 2003 at 20:30:09 PT By Daisy Nguyen, Associated Press Source: Associated Press Los Angeles -- A federal judged cited a "lesser harm doctrine" when he ruled Monday that three men who pleaded guilty to running a West Hollywood medical marijuana center would receive no prison time.U.S. District Judge A. Howard Matz expressed admiration for the men's work in helping sick patients during the sentencing hearing in which he ordered they serve only one year of probation and up to 250 hours of community service. The each also were ordered to pay a $100 fee, but their bail of $25,000 was exonerated. "Though it was hard to keep faith in the system throughout this process, I know mine was restored today," defendant Scott Imler said as he thanked Matz for his leniency and prosecutors for treating him with "dignity and respect."Matz conceded he was navigating "somewhat uncharted shoals" in making the downward departure from sentencing guidelines, but was resolute in ruling that Imler, along with Jeff Yablan and Jeffrey Farrington "committed a crime to avoid the harm of the greater suffering of patients" by giving them medical marijuana."They didn't do it for money or political leverage," Matz said during an emotional sentencing hearing attended by many of the defendants' supporters, including former patients of the Los Angeles Cannabis Resource Center.Imler, Yablan and Farrington faced up to 30 months in federal prison after striking a plea bargain with prosecutors. They ran the medical marijuana center for five years until 2001 when federal agents raided the center and shut it down.During that period, Matz said the men scrupulously adhered to rules established under Proposition 215, the nation's first medical marijuana law, which allowed Californians with cancer, HIV and certain other chronic medical conditions to grow and use marijuana to ease nausea and other health problems, if a physician recommends it.The 1996 state law, however, conflicted with federal law banning the cultivation, possession and use of marijuana, even for medical purposes. The conflicting laws have led to numerous raids of medical marijuana centers and lawsuits.Matz cited letters from local authorities, including county Sheriff Lee Baca and Assemblywoman Jackie Goldberg, D-Los Angeles, who noted that Imler, the president of the Cannabis Resource Center, openly discussed the center's operation with them. The center was providing marijuana to about 960 patients suffering from AIDS, epilepsy, glaucoma, cancer and other serious illnesses before it was shut down, said Imler's attorney, Ronald Kaye.Matz also read "heartfelt" letters from former patients and friends, including one from a friend of Imler who said he made "a difference in lives that amounted to little else than loneliness, grief and premature extinction." He mentioned a letter from Imler's doctor, who said he was diagnosed with advanced stage lung cancer and was scheduled to undergo surgery next week.The judge said the entire prosecution was "badly misguided" and he said he was baffled and disturbed that the Drug Enforcement Agency and prosecutors wasted so much time and money in prosecuting the case.He admonished prosecutors for calling Imler's medical condition "not an extraordinary impairment.""I don't know these prosecutors, but to say this is not an extraordinary impairment shows that this person has had no direct experience with cancer," he said."We don't contest the sincerity and good faith of these defendants," lead prosecutor Patrick Fitzgerald told the judge. "But we do have a legal regime in which a law was passed by Congress and I think ... all of us whether we agree with those rules or not need to abide by them."Complete Title: L.A. Judge Rules No Prison for Three Medical Marijuana Center WorkersSource: Associated Press Author: Daisy Nguyen, Associated PressPublished: Monday, November 24, 2003 Copyright: 2003 Associated Press Related Articles & Web Site:LACRC http://www.lacbc.org/Medical Marijuana Clinic President Pleads Guiltyhttp://cannabisnews.com/news/thread16874.shtmlFeds Move To Seize Cannabis Resources Center http://cannabisnews.com/news/thread13081.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by FoM on November 24, 2003 at 22:22:04 PT Rev Jonathan Adler and EJ Yes we talked about what happened to you and we were sad. When you came back I said how happy I was to see you. EJ, Keep us posted if you hear more. [ Post Comment ] Comment #7 posted by E_Johnson on November 24, 2003 at 22:13:48 PT The judge may have been crying I was sitting in the back so I can't say for sure but it sounded like this was a gut wrenching experience for him as well as for us.He had to stop a lot when he was reading from those letters. [ Post Comment ] Comment #6 posted by Rev Jonathan Adler on November 24, 2003 at 22:13:26 PT: No jail time, only $100 fine, sounds lenient? Well, at the same time a Judge rules for prohibition and against medication, the sentence was extremely lenient. I was found with 89 plants and only had a "real" religious defense and a legal medical card? My Judge was not lenient or even fair. He said I was legal, but still guilty and threw me in jail for 6 staright time months. FoM, I wonder if you were at all concerned about me when that happened on Sept. 4th, 2003. I was a steady contributor and then, while running for Governor, I was yanked out of my home and church unceremoniously. Did any of you out there notice my absence or discuss my imprisonment? My appeal will make news when it is ruled upon. I hope soon. In the mean time I am happy to be free and wish you all well in the upcoming year. Happy Holidays to all prisoners and free men alike. PEACE! East Hawaii Religion of Jesus Church. [ Post Comment ] Comment #5 posted by FoM on November 24, 2003 at 21:36:58 PT Thanks EJ I haven't commented because I'm thinking how I feel about the sentences. Maybe I've been doing CNews too long in the sense that I see the time, money, frustration and depression that this must have caused many people. I love cheering and going yes this or that is great but I'm angry and sad that this ever happened and can't get past that emotion tonight. [ Post Comment ] Comment #4 posted by E_Johnson on November 24, 2003 at 21:31:32 PT Pain This is a very painful experience we are living through, but at least there's a judge now and then who takes some of the sting off.BTW SCott's cancer is not exactly lung cancer, it's a tumor outside his lung that got into the lung from outside. It's not a smoking-related cancer. [ Post Comment ] Comment #3 posted by Virgil on November 24, 2003 at 21:24:34 PT Tell it to the judge The judge said the entire prosecution was "badly misguided" and he said he was baffled and disturbed that the Drug Enforcement Agency and prosecutors wasted so much time and money in prosecuting the case.We may well be within 30 days of the introduction of GW extracts. The debate is over. It cannot be argued that cannabis has medical value in the UK but not in the US. To put people in jail because the federal government's position is completly disingenuous and noticeably wrong. We all know it is misclassified and that is what gives the DEA the authority to murder people by denial of what can keep them alive and imprison those that are making the world by standing up the the misguided position of the USG.Wait until the warning label of GW extracts makes the rounds. Wait until the commercials make the Internet. That would be Bayers ads and the ones that are generated by the cannabis community to drop the big bomb on the prohibitionist camp and their stonewall.The NYT chose to call the federal position on MMJ misguided as well as mean-spirited in their breach of silence in 2002. Several states have had commissions to say that cannabis is misclassified. Almost everyone that has any knowledge knows without doubt that there is no way cannabis qualifies for Schedule 1 classification using the DEA guidelines. We are on the verge of hearing from a major paper that it is all more than misguided to keep cannabis a Schedule 1 Narcotic, they will join me in calling it the Schedule One Lie. Then there will be soup and then there will be Free Cannabis For Everyone. [ Post Comment ] Comment #2 posted by ekim on November 24, 2003 at 20:40:18 PT "There is no significant support for that platform Boxer campaign spokesman Roy Behr said. "A huge, huge majority of voters will be opposed to that position," he said. "There is no significant support for that platform."Boxer better wake up----------District Judge A. Howard Matz expressed admiration for the men's work in helping sick patients during the sentencing hearing http://www.leap.cc/speakers/index.php Judge James Gray Santa Anna California USA Comment #1 posted by FoM on November 20, 2003 at 10:00:21 PT News Article from Snipped Source Judge Gray, a Drug-War Foe, Will Run for Senate Now a libertarian, the longtime advocate of legalization will challenge Boxer in 2004. By Claire Luna, Times Staff WriterNovember 20, 2003 As crusades go, Judge James P. Gray's fight to legalize drugs has been a long and lonely one. His advocation of treatment instead of jail time for drug offenders has gained some converts, but Gray's views remain largely on the outskirts of acceptability. Some of his closest friends disagree with his opinions, and his most vicious opponents accuse him of being a biased, negative role model.But Gray is dogged in his long-held belief that legalization is the only way to solve what he says is an increasingly unsuccessful war on drugs. He lectures at least once a month on his views, this week to a county bar association, next month to a group of Alaskan Libertarians. In the latest chapter of the conservative judge's uphill struggle, Gray has become a Libertarian and announced Wednesday that he is running for the U.S. Senate. The odds of unseating Democrat Barbara Boxer in next year's election are long, but the opportunity to show the major parties that his message resonates with voters is victory enough for him. "Every single vote I get will legitimately be seen in favor of repealing drug prohibition," said Gray, 58, the day before announcing his candidacy at the Old Orange County Courthouse in Santa Ana."The other side is going to want to get my votes, and to do that they'll have to change their drug policy. If that happens, I'll have won."Gray is hoping to get 15% of the vote, a longshot for a third-party candidate. His campaign slogan targets the apprehension that mainstream voters might feel: "This time, it matters."A lifelong Republican, Gray said he switched this year because the Libertarian message of greater individual freedoms better aligns with his own.Libertarians in California are looking to Gray's candidacy to bring legitimacy and an improved turnout for the party, which traditionally draws between 1% and 2% of the vote in U.S. Senate races."He brings with him the gravitas of his position," said Mark Selzer, southern vice chairman for the California Libertarian Party. "He's going to take our party to the next level in terms of the respect people have for us."One of Gray's longtime friends, Costa Mesa Police Chief John D. Hensley, disagrees with the judge's views but still came to Wednesday's campaign opening to lend moral support."He's a good man and an ethical judge, and I wish him all the best in his campaign," Hensley said. "Still, since his thinking is well outside the mainstream, he's going to have some difficulties."That's an understatement, Boxer campaign spokesman Roy Behr said. "A huge, huge majority of voters will be opposed to that position," he said. "There is no significant support for that platform."Snipped:Complete Article: http://www.latimes.com/news/local/la-me-gray20nov20,1,5024361.story [ Post Comment ] Comment #1 posted by FoM on November 24, 2003 at 20:33:43 PT Police Log: Friendly Marijuana Smoker Arrested Police - Sheriff Reports 11/25/03 -- A Sonoma police aide was patrolling the Plaza when she smelled marijuana and noticed a group gathered around a park bench."This one came to our attention because our police aides were out doing their job," said Sonoma police Sgt. Brenda Crandall. The Sonoma police officer arrived just as the 32-year-old man, not noticing the officer, lit up a marijuana pipe and took a drag. He then offered it to the others, who declined, having spotted the policeman. The pipe holder then turned and offered the pipe to the officer. "Whoops," he said. "Hello, officer."At that point, one of the boys grabbed the pipe and took off running. The officer instructed the marijuana smoker to stay put and took off after and cited the 17-year-old for possession of marijuana and resisting arrest. The docile and "law-obeying" weed smoker went to jail.http://www.sonomanews.com/articles/2003/11/24/news/police_-_sheriff_reports/records01.txt [ Post Comment ] Post Comment