cannabisnews.com: Woman's Aim To Use Pot Law Rebuffed 










  Woman's Aim To Use Pot Law Rebuffed 

Posted by CN Staff on January 14, 2004 at 07:57:57 PT
By Sharon Michael, The Olympian 
Source: Olympian 

Olympia -- Monica Ginn says she grows marijuana for medical uses, but she wasn't allowed to use that defense at her trial on drug charges Tuesday. Judge Thomas McPhee ruled a day earlier that Ginn does not meet all of the requirements to justify using that defense against charges of growing and distributing marijuana, a controlled substance.
"They disarmed us yesterday," said Ginn, 53, as she sat in the courtroom late Tuesday, shortly after the jury began deliberations. The jury resumes deliberations today. The jury was instructed to decide whether Ginn of Olympia is guilty of manufacturing and possessing marijuana with the intent to distribute it. Jurors also must decide whether Ginn qualifies for a more severe sentence because her growing operation was within 1,000 feet of a designated school bus stop. Ginn, who was the only defense witness, faces a five-year sentence if convicted. Ginn admitted growing marijuana for her own use, for a Seattle man with multiple sclerosis who has since died and for the use of members of Green Cross -- a patient cooperative that provides medical marijuana to AIDS patients. She denies making a profit on her crop, but said she was sometimes reimbursed for expenses. Her court-appointed attorney, Kevin Johnson, argued that the enhanced sentence is not called for because Ginn's operation was confined to her residence, did not involve anyone younger than 18 and was not for profit.  Snipped: Complete Article: http://www.freedomtoexhale.com/rebuffed.htmSource: Olympian, The (WA)Author: Sharon Michael, The OlympianPublished: Wednesday, January 14, 2004 Copyright: 2004 The OlympianWebsite: http://www.theolympian.com/Contact: http://www.theolympian.com/forms/lettrfrm.shtmlGreen Cross Patient Co-ophttp://www.hemp.net/greencross/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #13 posted by FoM on January 18, 2004 at 19:41:16 PT

Reverend Adler
I removed your post. Take personal issues to email and don't draw us here on CNews into your personal differences. I don't want legal problems. 
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Comment #11 posted by Virgil on January 14, 2004 at 20:13:12 PT

mamaville
Six other states in the United States have medical marijuana laws including Alaska, Hawaii, Nevada, Oregon, Washington and Maine; only Maine is outside the jurisdiction of the 9th Circuit.- http://www.cannabisnews.com/news/thread14592.shtmlThe medical laughing grass show of the Simpsons is on. He was reading the warning label on his med and said "Objects may appear more edible than they actually are."
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Comment #10 posted by mamawillie on January 14, 2004 at 20:03:51 PT

9th circuit?
So if she appeals and loses it, can she then appeal to the 9th circuit and have her conviction heard by them? Is Washington in the 9th circuit?
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Comment #9 posted by FoM on January 14, 2004 at 17:56:54 PT

Bad News from MMJList
[mmjlist] Monica Ginn Convicted 
   
 Monica Ginn was convicted of all her charges, including an added school zone enhancement, that could land her about seven years in State prison. Judge McPhee said that she could remain free while the appeal process proceeds. However, as Monica was leaving the courtroom, the corrections department arrested her for probation violation, claiming Monica never registered with her parole officer when she had been released from prison this past fall. She cannot be released from prison until a parole board meets. We will release the complete information tomorrow. 

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Comment #8 posted by Ferre on January 14, 2004 at 15:12:39 PT:

Justice??
So if I am correct, the American judge desides what is proper defence, and what is not....BEFORE the trial????????Sad, this is typical for a dictatorship and shouldn't be happening in a healthy democracy.This is not 'justice' at all and I don't think the system was meant to be this way.Reverend Ferre van BeverenTHC Ministry Amsterdam
THC Ministry Amsterdam
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Comment #7 posted by mamawillie on January 14, 2004 at 12:08:19 PT

Don't tell your drug stance at jury duty!!!!!!!!
All it takes is *1* person to hang a jury. We all want our opportunity to mouth off in front of prosecutors about how misguided the WOD is, but you CAN'T do it! We must act like spies in this war, we must LIE and say we have no opinion on the WOD! Then, when we get chosen to be on the panel, we NEED to hang the jury. The less juries are willing to convict harmless marijuana growers, the more prosecutors will be unwilling to WASTE their TIME on these cases! Imagine if Kubby, Chong, Ginn and Rosenthal all had *1* person unwilling to render a guilty verdict.NEVER reveal your drug war opinion at jury duty! We owe it to our brothers and sisters!
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Comment #6 posted by Nuevo Mexican on January 14, 2004 at 11:43:05 PT

I called the judges assistant, you should too!
She said the judge is releasing a statement this afternoon.
I asked her if she felt it was right for a judge to send sick and dying patients and medical cannabis users to jail.She refused to answer the question and hung up.When questions are posed in such a way, their brains lock up and all rehearsed, fax-blasted one-liner retorts are unavailable. Time to hang up the phone!In other words, no one has told them how to answer the question of 'Do you beleive in jailing sick and dying patients?' Duh! Is always the answer!From the previous post:The Thurston County Prosecuting Attorney is named Jack Jones. Their telephone number is: 360-786-5540. The Thurston County Superior Court Judge who denied the medical defense is Judge McFee. His assistant is Trina. Her telephone number is: 360-786-5557.

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Comment #5 posted by Max Flowers on January 14, 2004 at 11:25:07 PT

billos
You tossed a golden opportunity there. You should have reported for duty and gotten far enough in the process to see if the case *was* a drug case and if so, gone all the way and then made sure the defendant was not convicted. You may have thrown away his/her chance at freedom if your place was taken by a juror of lesser conscience.Your heart was in the right place but you fumbled that one badly.
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Comment #4 posted by Max Flowers on January 14, 2004 at 10:57:54 PT

Kangaroo Court
This just came to me via a private list I am a member of. I am shaking with anger after reading it. This has to stop, these fuİking sanctimonious judges who see fit to ignore reams of medical and scientific evidence and testimony!! They should be removed from the bench, handcuffed and tried by honest judges who follow the law for crimes against THEIR victims. I can't stand it, I just want to take every one of these heartless Nazis and chain them up, deprive them of their health and freedom, refuse them medicine, and watch them wither away until they GET IT.The real evil we need to deal with in this country does not have an Arab face---it has the cold, compassionless face of an American judge. Screw terrorism, we have state-sponsored murder going on right here by our own lawless judiciary.I'm calling the numbers given below and they will hear the outrage of decent American people, by god. They're going to hear it from me alright.(begin excerpt)Trouble in Washington StateFriends:
Monica Ginn is a licensed ethnobotanist and a qualified medical marijuana patient. She was also a qualified caregiver to a multiple sclerosis patient when she notified state authorities that she possessed 25 small marijuana plants. She told the arresting officers that she was qualified under the law, but she was put in jail for many months. After over a year of legal wrangling, months after her MS patient died, Monica's cases went to trial, on Monday January 12th, 2004.Following Jury Selection, Judge McFee heard arguments and testimony on the use and cultivation of medical marijuana from medical experts, including a medical scientist studying marijuana at the University of Washington. The
doctors, lawyers, and marijuana experts gave testimony on the most important factors for determining medical marijuana patient use to satisfy the court's demand for dosage information. Along with that huge amount of data, the Judge was also treated to a very strong verbal confirmation of Monica's medical authorization by her recommending physician. After an entire afternoon of testimony, Judge McFee granted the state's request to
deny Monica the medical defense. The judge clearly disregarded her doctor's testimony. Judge McFee decided that his authority to limit Monica's defense is superior to the recommendation of her doctor under a law enacted by the people of Washington State. Judge McFee is, in effect,
practicing medicine without a license. On January 13th, Tuesday morning at 9 AM, Monica Ginn will face a jury,
(snip)
Although this ruling may be thrown out by a higher court, it is likely that the patient will serve even more jail time for a crime she did not commit.A helpless woman suffering intractable pain needs your help. The prosecutor, Jack Jones, is asking for a school zone enhancement that will definitely put Monica behind bars for up to two years! We must stop this travesty. The entire medical marijuana movement in WA needs your help.
Please take the time to call, fax, and email the following drug warriors and let them know what you think of their disrespect for our law. Let them know what you think of their brutal attack on a defenseless cripple.The Thurston County Prosecuting Attorney is named Jack
Jones. Their telephone number is: 360-786-5540. The Thurston County Superior Court Judge who denied the medical defense is Judge McFee. His assistant is Trina. Her telephone number is: 360-786-5557.There will be at least a small protest today at the Olympia Courthouse at 2000 Lakeridge Drive SW in Olympia. Protesters are advised to stay out of the courthouse where police might make arrests. Those who want to witness this
sham of a trial are welcome to take a seat in Judge McFee's courtroom. The roar of silent rage should be deafening.This is extremely short notice, so we are not expecting a big crowd, but there will be at least some supporters, rain or shine. WE WILL NOT LET THIS WOMAN BE JAILED IN SILENCE!
 
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Comment #3 posted by paulpeterson on January 14, 2004 at 10:54:05 PT

I am Spartacus
I was a lawyer in Illinois and saw that we had a world class medical marijuana law in this sovereign land for 32 years, untested, of course.I came forward to use this law for authorization of cannabis for ADD (or bipolar?) treatment.I announced to the "lawyer" police that I was advocating thus, due to self-observed effects, and I have been exiled from my trade since 12/01. I currently have a federal lawsuit in Chicago against the lawyer police under the "ADA Act".I am negotiating with the Department of Justice for confirmation that they will follow the 9th Circuit's holdings in recent MM cases out there.True, to come forward openly has strong positive connotations and ramifications. Of course, in my case, the very fact I stood up for my rights has been used as direct evidence of my so-called "mania". It's not nice to seem willing to work for justice so hard that you take personal risks (in Soviet era "gulags" they would dope people up with neuroleptics until they drooled like dogs to force them to lose their political beliefs and dangerous ideas-I'm thinking the reason they kept Saddam under ice for months was to ensure that the chemical labotomies had "taken" before they would risk having him spill the beens himself, about ourselves-Bush and Company, of course!).Uh-oh, gotta go now. I think someone knows I found a transmitter. If I'm found, I will face a double dose tonight. No, not the needle, not again. AHEEEEEEEEEIIIIIOW. Oh, yes doctor, that fe ee eells better no oooww. No, I didn't write that, it was the one armed man again. I promise I will be better next time. Yes, I solute the leader. Long live the leader. The leader is good. The leader. Follow, the leader. END OF TRANSMISSION./
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Comment #2 posted by billos on January 14, 2004 at 10:48:56 PT:

Jury Duty.......Civic Duty??
I recently got a "subpoena" for jury duty. I told them I had hoped that should I get picked for a jury they would have to bear in mind that I would not convict anyone on any drug charge(s) no matter what the circumstance. I told them it was because I feel the WoD is a farce and nothing but a waste of taxpayers' money.
 They dismissed me before I could go on to say that the end of Bush and Bush's war on Cannabis is the one main thing I want to see before I die.By the time I got home it was 420.
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Comment #1 posted by Virgil on January 14, 2004 at 09:51:46 PT

I am Spartacus
Remember the movie with Kirk Douglas where he played Spartacus? The Romans wanted to crucify him outside of Rome and they ask the captured slaves for their leader. Spartacus is about to give himself up when the guy near him says he is Spartacus and it turns them all on to shouting "I am Spartacus."Of course this article, is not about a leader of a group that is enslaved, althought it be a Nazi definition instead of Roman. We do have people being selected for American crucifixion.Several times I have mentioned the movie Ghandi, where the Indians line up to take their whooping in an effort to claim their right to salt instead of buying the British salt that only is a tax on occupation. I see it as a badge of honor to take the blows of the Nazis, although they are not volunteers and it is all just another injustice by the upside down's justice system. I have a cousin that is manic depressive. Once he got out of the hospital and said that he had a piece of paper saying he was sane, and ask if I did. I could easily see, that there could come a time when people want a piece of paper to show their badge of honor, and that they would take the blow in the cause of freedom.It could happen in a place like Ann Arbor where there is only a small fine for possession and there are arrest rallies. It could be a libertarian leaning municipality or county out west that adopts a similar enforcement. The prison sentences and fines and arrest and everything are a type of honor in service to the public good. It may be unintentional, buy the Nazis can only inflict so much harm, before people en masse take to the honorable act of being arrested and claim their piece of paper as a medal in proof of service.It could be that Ann Harbor will offer receipts for payment on small marble mounted engravements for a small fee. This prohibition does not have the support of the people on the whole and in small concentrations the people will withdrawal from it while the cause of cleaning out the Nazis and their ways goes on.Oh yeah. We are ruled by treason.
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