cannabisnews.com: Compassion and Prosecution





Compassion and Prosecution
Posted by CN Staff on July 17, 2004 at 20:30:12 PT
By Doc Knapp
Source: Sonoma West Times
In early 2001, when Sonoma County juries voted to acquit two of California's first medical marijuana cases after the passage of Prop. 215, they sent a clear message that voters put "compassion" into the Compassionate Use Act for a reason. They meant that patients and providers should be left alone and that Sonoma County should have medically appropriate guidelines. The current reasonable guidelines are now at risk.The Foley-Hayes case packed courtrooms with patients from two counties and San Francisco DA Terence Hallinan took the stand to defend a dispensary's rural Sonoma garden.
Alan MacFarlane waged a courtroom battle over how much cannabis a patient could have when prosecutors charged him with intent to sell because they thought he had too much. His case pitted federal research, scientific studies and expert testimony against police suspicions. The jury chose science and promptly acquitted. The Art of Compromise To his credit, then-DA Michael Mullins got the message. Patients and caregivers had formed an advocacy group around the issue, the Sonoma Alliance for Medical Marijuana. They carried the science to Mullins' office and pointed out that the federal government gives patients about six pounds of marijuana per year, and it takes about 200 square feet of garden area to produce that much cannabis bud.While recognizing the validity of the research, issues arose over the uncertainty of yields and quality, various growing techniques and concerns about diversion to the illicit market. The Appeals Court's Trippett set the standard that a cannabis supply should be "reasonably related to the patient's current medical need." Some safe harbor from arrest needed to be agreed upon by law enforcement and the community. They compromised on three pounds and 100 square feet.Thus were born the Sonoma DA's medical marijuana guidelines, also known as the SAMM guidelines that eventually took wing as Safe Access Now. They stood the test of time in court. They are a point of local pride, and well they should be. Variations of your county guidelines have been adopted in Humboldt and Del Norte counties and are under consideration in San Francisco and Santa Cruz.The SB 420 Solution When other counties continued zero tolerance, Senator John Vasconcellos proposed a voluntary card system to protect patients. Among other things, SB 420 legalized transportation and sales of medicine and recognized designated caregiver status and patient collectives and cooperatives, allowing cannabis dispensaries to operate legally in the state.The governor insisted on guidelines, and Vasconcellos wrote the bill to define medical marijuana as the female flower tops, while allowing cities and counties to adopt more reasonable guidelines and physicians to specify amounts, but the governor wanted details. Vasconcellos convened a task force to determine a reasonable personal quantity and it agreed on six pounds and 200 feet of garden. But a funny thing happened on the way to the vote - numbers shifted. The Attorney General insisted on a change. Safe harbor amounts were dropped to the lowest of any county, with the proviso that counties could allow more but no less than eight ounces of bud and six mature plants or 12 immature plants, roughly a one month supply for a daily user in the federal program. The governor signed the bill into law. Stay The Course Vasconcellos took pains to protect the Sonoma and Humboldt guidelines, and in January the Humboldt County supervisors convened another task force to determine the most medically appropriate guidelines. After six months they returned a verdict: Three pounds of marijuana and a garden up to 100 square feet. Safe Access Now Guidelines were vindicated, and there is now an ordinance before the Humboldt board to adopt the guidelines.When he ran for office, Sonoma's current DA Stephan Passalacqua promised to be more compassionate than his predecessor, but began prosecuting cases. We hope that his recent decision to drop charges in several cases heralds a return to his pledge. This is a critical time for our county to renew its commitment to scientific and medically appropriate guidelines. Let us not waiver in our commitment to compassionate care.Note: Sebastopol resident Doc Knapp is spokesperson for the Sonoma Alliance for Medical Marijuana. Chris Conrad is director of Safe Access Now and contributed to this column.Source: Sonoma West Times & News (Sebastopol, CA)Authors: Doc Knapp Published: July 15, 2004Copyright: 2004 Sonoma West PublishersContact: news sonomawest.comWebsite: http://www.sonomawest.com/Related Articles & Web Sites:SAMMhttp://www.samm.net/Safe Access Nowhttp://medicalmarijuananow.com/Supervisors Pass Medical Pot Ordinancehttp://cannabisnews.com/news/thread19182.shtmlConfusion Reigns Over Pot Rules http://cannabisnews.com/news/thread19034.shtmlPot Charges Against Couple Dropped http://cannabisnews.com/news/thread18953.shtml
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Comment #6 posted by Jose Melendez on July 19, 2004 at 05:42:00 PT
sukoi
Thanks very much. I feel like we just made a difference.
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Comment #5 posted by sukoi on July 19, 2004 at 04:27:39 PT
Update
Thanks Jose! Here is the letter that I sent:Dear Representative Baldwin,Although I am not one of your constituents I feel the need to write and ask for your assistance in a very important matter to millions of Americans. As I understand it you are in support of states rights with regard to medical marijuana. If this is true then I would ask that you consider bringing up this issue at the Democratic National Convention during your speech.Approximately 80% of American citizens support marijuana for medical use yet our government refuses to recognize and even tries to silence this vast majority of its’ citizens. This issue needs to be brought to the forefront so that the matter can be properly addressed.I urge you to please consider working this issue into your speech as you have the opportunity to have your voice heard while the millions of Americans who support this very important issue do not.Respectfully,
Sukoi (actually I used my real name).Here is the response that I received from Ben Masel:"Your letters were delivered, and read.She has to pre-clear her speech with the kerry campaign tomorrow, so while she's including medical marijuana in the draft, she expects it will be cut. We came up with additional language which will hopefully survive, "decisions on treatment should be between the Doctor and Patient, not HMOs or Legislators.She wants to speak if there's a medical marijuana event outside, MassCan is my next email."
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Comment #4 posted by Jose Melendez on July 18, 2004 at 08:34:44 PT
pot-tv!
By the way, LEAP's Jack Cole Keene, NH speech is up at http://www.pot-tv.net/archive/shows/pottvshowse-2825.html(grin) 255 views so far, just three days after it was uploaded . . .
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Comment #3 posted by Jose Melendez on July 18, 2004 at 08:15:14 PT
sent
For: Rep. Tammy BaldwinThanks for continuing to speak out everywhere for we, the oppressed American citizens who barely dare speak out against those who wage war waged against us, on the pretense of protecting us from (some) drugs.Each and every year more than one million die from the legal and advertised use of medications, intoxicants, additives and processed foods, while prohibition keeps over two million behind bars for using far less harmful weeds, plants that would otherwise be worthless.For more, please see my streaming video samples of commentary from those involved in harm reduction at http://pipepeace.com/videoJose Melendez
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Comment #2 posted by sukoi on July 18, 2004 at 07:24:52 PT
Democratic Convention
Rep. Tammy Baldwin (a supporter of states rights with regard to MMJ) will be one of the speakers at the Democratic National Convention. Someone on another forum inquired about her including something about MMJ in her speach and received the following response:"I received this response from my plea yesterday about Rep. Tammy BaldwinFrom: Ben Masel bmasel tds.netSubject: Tammy BaldwinDate: Sat 07/17/04 08:37 PM I'll be seeing her tomorrow. Get a letter to me by 11:00 AM Central, and I'll hand-deliver it.EVERYBODY, send a well-written letter to this Ben Masel asking Rep. Tammy Baldwin to speak out during the convention!"Since all here are such excellent writers and so very passionate about this, I thought that I'd pass this on to all of you. Maybe if she gets enough letters, she might bring this up at the convention!
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Comment #1 posted by ekim on July 17, 2004 at 21:37:30 PT
anyone catch the results of Med poll in Detroit
Med vote in Detroit on Aug. 3 please everyone do what you can to get the word out. http://www.leap.cc/events/events.php
Jul 19 04 Restoring Racial Equity by Ending Drug Prohibition 03:30 PM Jack Cole Jacksonville FL USA 
 LEAP will present a 2 hour workshop at the National Association of Blacks in Criminal Justice in Jacksonville, Florida, featuring retired DEA agent, Richard Amos, active police sergeant George Bradley, retired state police narc, Jack Cole, retired Judge Eleanor Schockett, retired Judge Leah Simms, and active senior prison warden, Dr. Richard Watkins. Jul 20 04 Williamston Sunrise Rotary 07:30 AM Howard Wooldridge Williamston Michigan USA 
 The Williamston Sunrise Rotary welcomes Board Member Howard Wooldridge to discuss viable alternatives to the failure of drug prohibition. Jul 21 04 Jacksonville Riverside Rotary. 07:30 AM Jacksonville Florida USA 
 One of LEAP's speakers takes time off from the NABCJ Conference to speak to the Jacksonville Riverside Rotary. Jul 21 04 Flint Sunrise Rotary 07:00 AM Howard Wooldridge Flint Michigan USA 
 Board Member Howard Wooldridge is "In Like Flint" when he meets with members of the Flint Sunrise Rotary to discuss issues related to the failed war on drugs. Jul 22 04 Lansing-DeWitt Sunrise Rotary 07:30 AM Howard Wooldridge Lansing Michigan USA 
 Rise and shine with Board Member Howard Wooldridge as he breakfasts with members of the Lansing-DeWitt Sunrise Rotary and discusses issues related to the failed war on drugs. Jul 22 04 Garden City (Detroit) Rotary 12:00 PM Howard Wooldridge Garden City Michigan USA 
 Board Member Howard Wooldridge grows tall and drops seeds of common sense when he meets with members of the Garden City (Detroit) Rotary to discuss issues related to drug prohibition. Jul 22 04 Civil Discourse Television Show 06:30 PM Jack Cole Jacksonville Florida USA 
 Ken Hurley, host of the Civil Discourse Television Show invites LEAP members for discussion of drug policy alternatives on Comcast Cable Access Channel 29. Featuring retired state police narc, Jack Cole and active senior prison warden, Dr. Richard Watkins. Jul 26 04 Canton Rotary 12:00 PM Howard Wooldridge Canton Michigan USA 
 Board Member Howard Wooldridge lunches with members of the Canton Rotary to discuss the social and financial impact of the failed war on drugs. Jul 27 04 Dearborn Fairlane Rotary 07:00 AM Howard Wooldridge Dearborn Michigan USA 
 After cruising into town, Board Member Howard Wooldridge breakfasts with memebers of the Dearborn Fairlane Rotary to discuss the financial and social impact of the failed war on drugs. Jul 27 04 Delta-Waverly Rotary Club 12:00 PM Howard Wooldridge Lansing Michigan USA 
 Members of the Delta-Waverly Rotary Club lunch with Board Member Howard Wooldridge to discuss alternatives to the failed war on drugs. Jul 27 04 New Boston / Huron Twp Rotary 06:30 PM Howard Wooldridge New Boston Michigan USA 
 Board Member Howard Wooldridge meets with members of the New Boston / Huron Twp Rotary to discuss issues related to America's failed war on drugs. Jul 28 04 Woodhaven Rotary 07:30 AM Howard Wooldridge Woodhaven Michigan USA 
 Board Member Howard Wooldridge breakfasts with members of the Woodhaven Rotary to explore viable alternatives to the failed war on drugs. Jul 28 04 Dearborn Heights Rotary 12:00 PM Howard Wooldridge Dearborn Heights Michigan USA 
 Board Member Howard Wooldridge meets with members of the Dearborn Heights Rotary to discuss viable alternatives to the failed war on drugs. Jul 29 04 Lincoln Park (Metro Detroit) Rotary 12:00 PM Howard Wooldridge Lincoln Park Michigan USA 
 Honest Abe would be proud of Board Member Howard Wooldridge as he tells the truth about the failed war on drugs to members of the Lincoln Park (Metro Detroit) Rotary. 
http://www.mmdetroit.org
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