cannabisnews.com: Hempery Owner Will Fight Drug Charges





Hempery Owner Will Fight Drug Charges
Posted by CN Staff on December 26, 2003 at 09:14:45 PT
By Michelle Meyers,  Staff Writer
Source: Oakland Tribune 
A Hayward medical marijuana dispensary owner plans to defend herself against felony drug possession charges in a case that could be one of the first tests of a related new state law. Cheryl Adams, who owns the Hayward Hempery and its Hayward Patient Group, was arrested at 12:20 a.m. on Dec. 12 in front of the TownPlace Suites hotel at 39802 Cedar Blvd., in Newark, where she had been living. She allegedly was driving with 5.32 pounds of marijuana in 29 separate small plastic bags, said Newark police Sgt. Fred Zachau. 
Adams was on her way home from work after picking up her 7-year-old son from a babysitter, she said. She brought her product home because her on-site safe isn't working and her facility was burglarized recently, she said. Adams was charged and arraigned on felony counts of possession of marijuana for sale, transportation of drugs, and possession of a cannabis concentrate, or hash, said Alameda County Assistant District Attorney Richard Klemmer. She also was arrested on misdemeanor counts of driving under the influence, being under the influence of a drug, and possession of drug paraphernalia, Zachau said. But the district attorney is only pursuing the felony counts. Adams, who was bailed out of Santa Rita jail after one night, said she plans to fight the charges on behalf of herself and the patients who choose a "more natural pain relief. "I want to stand up for patients' rights," she said, adding that some of her colleagues are trying to get together a legal fund. "If I just get off, they'll keep doing this to people." If she's of the same mindset as medical marijuana activist Ed Rosenthal, "we may have the first real show-trial of SB 420," said Oakland Cannabis Buyers' Cooperative Executive Director Jeff Jones. Senate Bill 420, signed into law in October by former Gov. Gray Davis, not only established a state photo identification card registry for medical marijuana patients, it also recognizes collective groups for patients and caregivers. But the law doesn't specifically define those collectives and it's unclear whether Adam's patient group would qualify as one. Also, the law doesn't go into effect until Jan. 1 and might not be applicable retroactively. The state laws allowing the use of marijuana for medical reasons also are still in conflict with federal law, which bans marijuana entirely. That poses a quandary for police and local prosecutors, among others. Adams, who is in the process of changing lawyers, said she told police about her dispensary and showed them records to prove what she does and her own status as a medical marijuana patient. "They didn't hear it," she said. "They were so cold-hearted." Adams challenged the police calculation of how much pot she possessed. She counted more like four pounds, she said, adding that she didn't have any cannabis concentrate. Her concerns about her arrest go beyond the drug charges.She also questions whether she was set up because police pulled her over for a burned-out license plate light, something she had just changed, she said. Adams said she wanted to leave her son with her boyfriend while she went to jail. But when police learned her boyfriend was on parole, they proceeded to break down the hotel room door to do a search, Adams and police said. "It was like a bad dream," she said. "They never should have pulled me over to begin with." She ended up getting kicked out of the hotel and had to pay for the broken door. Her boyfriend wasn't there, so her son went to stay with her mother in Hayward, she said. Adams' arraignment on Dec. 16 took place just as she was scheduled to meet with City Manager Jesus Armas to sign a document as part of a grandfathering agreement for her dispensary and two others downtown. The dispensaries, which are operating against the city's zoning law, can exist for a limited amount of time under certain conditions, such as limiting the amount of product on site to 3 pounds. Adams, who ended up signing the agreement at a later meeting with Armas, said she averages about three pounds, but it's a difficult restriction to abide by when she first gets the product delivered. Her dispensary would be taken out of the agreement if police, who can randomly inspect the facility, discover she's violating the limit or other conditions.Note: Battle could be one of first tests.Source: Oakland Tribune (CA)Author: Michelle Meyers,  Staff WriterPublished: Friday, December 26, 2003 Copyright: 2003 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmPot ID Law Sparks Criticismhttp://cannabisnews.com/news/thread17621.shtmlPot Bill Splits Pro-Smoking Groups http://cannabisnews.com/news/thread17612.shtmlState Sets Marijuana Standardshttp://cannabisnews.com/news/thread17583.shtml
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Comment #3 posted by jose melendez on December 27, 2003 at 08:57:23 PT
yum
" . . . cannabis concentrate, or hash,"May I please have some eggs and grits with that?
poison is legal, just not pot.
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Comment #2 posted by John Tyler on December 27, 2003 at 07:02:13 PT
Harassment pue and simple
This is harassment. The cops were watching her. They saw their chance and made their move. 
The cops and some other groups don't understand and don't want things to change so they stoop to tactics like this. Even if she gets off, or wins her case, they will still be off to the side with a smirky looks saying "we got you anyway". 
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Comment #1 posted by Virgil on December 26, 2003 at 13:43:50 PT
Why?
That poses a quandary for police and local prosecutors, among others. Walters brags of the taxpayers furnishing him with plenty of attorneys. Surely, the state could get all the attorneys to come up with just one little answer about state law they are paid to prosecute. It is a Roman circus done the American way.
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