cannabisnews.com: Medical Marijuana Caught in Legal Haze 





Medical Marijuana Caught in Legal Haze 
Posted by CN Staff on May 11, 2004 at 10:12:11 PT
By Marc Benjamin and Charles McCarthy
Source: Fresno Bee
Three Valley medical marijuana users say law enforcement and the judicial system function backward for them, that they are guilty until proven innocent. A Chowchilla man and a Clovis couple, each eventually cleared of marijuana charges, showed medical certification when they were arrested. They still went to jail and had to prove their innocence in court.
The medical marijuana patients want authorities held responsible for keeping them from their medication. And they point to a state law that says they should be left alone. But law enforcement officials say they are bound by local and federal guidelines which require that they pursue marijuana users.It's a tug of war that both sides refuse to back down from."It's repugnant to the foundation of our entire system," said William McPike of Auberry, who defended both recent Valley cases. "These people are innocent, so how can you lose defending innocent people?"Michael Celli, 42, of Chowchilla has a hearing May 21 to determine if Madera County District Attorney Ernest LiCalsi and John Robinson, former Chowchilla police chief, will face contempt of court sanctions -- fines or jail -- for not returning a pound of medical marijuana seized as evidence last year.Possession charges filed against Celli were dismissed by LiCalsi's office 10 months ago. A Madera judge then ordered the return of Celli's marijuana, but when Celli showed up last July at the Chowchilla Police Department, Robinson refused to hand it over. Following a phone conversation with LiCalsi, Robinson told Celli that federal law prevented the drug's return and that federal Drug Enforcement Administration officials may take charge of the marijuana, McPike said. In court papers, McPike calls Robinson and LiCalsi's decision "a warped scheme to challenge this court's jurisdiction." The marijuana still sits in a Chowchilla police evidence locker.Chowchilla police can keep the marijuana now, McPike said, because it has been sitting so long that it has questionable medicinal value. But, he said, Celli should be paid $4,800 for the marijuana and $5 per day for the loss of its use since July. Snipped: Complete Article: http://www.freedomtoexhale.com/clovis.htmSource: Fresno Bee, The (CA)Author: Marc Benjamin and Charles McCarthy, The Fresno BeePublished: Monday, May 10, 2004Copyright: 2004 The Fresno BeeContact: letters fresnobee.comWebsite: http://www.fresnobee.com/Related Article & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmMedical Pot Fight Wafts Into Valley http://cannabisnews.com/news/thread16783.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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