cannabisnews.com: Return of Gear, But Not Marijuana, Ordered Return of Gear, But Not Marijuana, Ordered Posted by CN Staff on April 03, 2004 at 08:16:24 PT By Harold Kruger, Appeal-Democrat Source: Appeal-Democrat Steve A. King, arrested two years ago in a Sutter County medical marijuana case, will get his cultivation equipment back but not 50 ounces of "Amazing Elixir." Judge Robert Damron on Friday ordered that the $2,000 worth of growing lights, voltage regulators and other items be returned to King. They were seized in Sutter County.But the judge declined to order Sheriff Jim Denney to hand over several boxes of Amazing Elixir - medical cannabis soaked in alcohol - that were seized in Yuba County as part of the same investigation. Deputy District Attorney Susan Green told Damron that the cannabis, which she called contraband, was transferred to the federal Drug Enforcement Administration after King's arrest in January 2002. "I am outraged that it is at the DEA," said King's San Francisco lawyer, Omar Figueroa. "The search warrant demands that the California peace officer seize the property and hold it for the court to determine what to do with it."Both attorneys cited the Yuba County case of Doyle and Belinda Satterfield, who were arrested in August 2001 in a marijuana cultivation case. Prosecutors eventually dropped the charges after the Satterfields were able to show that the marijuana was intended for medical use.When Judge James Curry ordered that 37 marijuana plants and about 4.5 pounds of processed material be returned to the Satterfields, Sheriff Virginia Black balked, saying she would be violating federal law.The stalemate ended in May 2002 when the order was modified to allow Black to release the marijuana to the court. The judge then gave the marijuana to the Satterfields.Sutter County District Attorney Carl Adams said Damron's ruling "was appropriate under the law of the state and of the United States. It was appropriate to return the property to Mr. King that doesn't violate any law. But I think it's also appropriate for the judge not to return property which constitutes a federal felony." The District Attorney's Office charged King with two drug-related felonies, but dropped the case a few months later, citing the need for further investigation.Figueroa told Judge Damron that "the grand jury convened and refused to return an indictment."Adams declined to comment, saying that "the nature of the grand jury is such that I never have anything to say about it."In court papers, Green said King "can only speculate as to the findings of any grand jury, as he would not have been present for any such proceedings, if they occurred."Figueroa said he is considering an appeal of Damron's order."It's definitely a step in the right direction. It's a qualified victory in that the grand jury as well as the DA's Office have decided not to pursue criminal prosecution of Mr. King," Figueroa said. "They've acknowledged he's a legitimate medical cannabis patient and caregiver. It's a victory in that sense. It's a defeat for the people of California because California law was not enforced today."The defense lawyer said that he sensed "a change of temperament for the better in the DA's Office. They realize that medical cannabis is growing ever more popular."King said he still grows medical marijuana."I'm staying within the guidelines of state law and trying to follow what they're putting us out to do," he said.As the county's chief prosecutor, Adams said, he tries to "reconcile the law of the United States and California and act judiciously."Source: Appeal-Democrat (CA)Author: Harold Kruger, Appeal-DemocratPublished: Saturday, April 03, 2004Copyright: 2004 Appeal-DemocratWebsite: http://www.appeal-democrat.com/Contact: laura_nicholson link.freedom.comRelated Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmJudge Returns Satterfields' Marijuanahttp://cannabisnews.com/news/thread12764.shtmlJudge Releases Defendant in Marijuana Casehttp://cannabisnews.com/news/thread11803.shtml Home Comment Email Register Recent Comments Help Comment #10 posted by FoM on April 04, 2004 at 11:32:37 PT breeze I never saw the web site before. I do wish them luck and I appreciate the link to Cannabis News. [ Post Comment ] Comment #9 posted by breeze on April 03, 2004 at 19:39:39 PT has anyone else heard of this site I think eveyone who read this site should check this site out...and tell others!!!http://www.makepotlegal555.org/ [ Post Comment ] Comment #8 posted by phil_debowl on April 03, 2004 at 15:51:30 PT firing of officials not following state laws Is it illegal for state officials to sidestep state laws? I know DA's are elected, but if they break state law, can they be impeached or something. It just seems a few CA counties, do everything they can to avoid following state law, yet they still keep their jobs, and still keep on doing the same things. [ Post Comment ] Comment #7 posted by DevoHawk on April 03, 2004 at 10:21:39 PT E_J Very enlightening E_J,Your letter is very good and quite informative. I don't believe I have ever heard the word tincture. I love learning something new, I wish the drug warriors and mass money media also liked to think and learn.Thanks from Kansas [ Post Comment ] Comment #6 posted by afterburner on April 03, 2004 at 10:01:51 PT: Feature Article by Philippe Lucas Canada: Web: Take 2 Joints and Call Me in the Morning 02 Apr 2004 DrugSense Weekly http://www.mapinc.org/drugnews/v04/n523/a03.html?397 [ Post Comment ] Comment #5 posted by E_Johnson on April 03, 2004 at 09:39:04 PT Actually I take that back - they have improved Journalists still have a ways to go but they have improved a lot over the last eight years.Remember when the Washington Post covered the IOM report without mentioning its conclusions? [ Post Comment ] Comment #4 posted by E_Johnson on April 03, 2004 at 09:31:31 PT YOur reporter was a little bit lazy Dear editors,I know we're in the modern Internet world now, but the word "tincture" is in the dictionary and that is the appropriate word to describe the so-called "marijuana laced alcohol" seized from King.This is not some drink that potheads quaff to get drunk, which was implied to your readers by your reporter.An alcohol-based tincture is away to use medical marijuana without smoking the pot. The active ingredients in the pot are absorbed into alcohol to make a liquid that can be used as an aerosol spray.This alcohol-based tincture can be sprayed under the tongue to give the nausea-relieving effects of the active ingredients without inhaling any tar created by burning the leaf of the plant.The user only sprays a tiny amount of this spray under the tongue, not enough to feel the effects of the alcohol, just enough to feel the effects of the cannabinoids.The art of tincture making is roughly a thousand years old. It almost disappeared from the modern world, but the medical cannnabis community is bringing it back. We don't need a big polluting chemical factory to make our medicine. The active ingredients in marijuana can be handled safely and with great success through the simple techniques of medicinal cookery that were developed at the dawn of the past millenium. [ Post Comment ] Comment #3 posted by E_Johnson on April 03, 2004 at 09:01:32 PT Journalists are so sloppy and lazy these days Learn the right names to call things. If you have to, walk around and poiont at things and say, "What do you call this" and "how do you spell that?"I guess they don't have time any more, they're rushing off to take their next urine test. [ Post Comment ] Comment #2 posted by phil_debowl on April 03, 2004 at 08:54:06 PT anti's When the anti's finally start recognizing vaporizors, i wonder what they're going to call those? Maybe "sophisticated drug delivery devices"? [ Post Comment ] Comment #1 posted by E_Johnson on April 03, 2004 at 08:51:06 PT Did he make a tincture? Marijuana soaked in alcohol sounds so decadent.I guess journalists are too lazy to look up big words like "tincture". [ Post Comment ] Post Comment