cannabisnews.com: Californians Ask Feds To Return Their Marijuana





Californians Ask Feds To Return Their Marijuana
Posted by CN Staff on August 17, 2004 at 12:34:01 PT
By Reuter
Source: Reuters 
San Francisco -- A group of 38 California medical marijuana patients filed legal motions on Tuesday asking the federal government to give them back their pot worth nearly a million dollars. The move was the latest legal fight over medical marijuana, which state voters approved in 1996 but which federal law deems an illegal drug. "We've discovered a culture of resistance within law enforcement," said Kris Hermes, legal coordinator for Americans for Safe Access, a pro-medical marijuana group. "Many agencies across the state just don't comply with the law.
Patients are being arrested or having their medicine seized in nearly every police encounter." The group filed a series of motions in California courts seeking a return of the marijuana valued at $970,000. Failing the return of the plants, they seek cash compensation. Earlier this summer the U.S. Supreme Court agreed to review whether the law outlawing marijuana applies to medical use by two seriously ill California women whose doctors recommended cannabis for their pain. State Gov. Arnold Schwarzenegger backs medical marijuana and smoked a joint on film in the 1970s bodybuilding documentary "Pumping Iron." Last month however he vetoed a bill that would have eased rules on how much medical marijuana patients could possess. Source: Reuters Published: August 17, 2004Copyright: 2004 Reuters Related Articles & Web Sites:Americans For Safe Accesshttp://www.safeaccessnow.org/Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmMarijuana Patients Coordinate Mass Court Action http://cannabisnews.com/news/thread19347.shtmlState Sets Marijuana Standardshttp://cannabisnews.com/news/thread17583.shtmlMedical Marijuana IDs Go Statewidehttp://cannabisnews.com/news/thread17563.shtml 
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Comment #17 posted by Hope on August 18, 2004 at 07:46:53 PT
Kaptinemo
The Kaptin is a much loved well-spring of knowledge and understanding. I really miss hearing from him and the whirr of his "carving knife". Wherever he is, he will be helping someone and our cause, too. 
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Comment #16 posted by FoM on August 17, 2004 at 19:02:59 PT
Hope
You're welcome. He is really busy and will be reading but it might be a little while until he can get seriously involved. He'll be back as soon as he can. He's doing fine.
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Comment #15 posted by Hope on August 17, 2004 at 18:58:31 PT
Thanks for the update on Kap
I was getting a little antsy about there not being any recent posts by the Kaptin. Thanks...and I hope he can find time to post soon. 
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Comment #14 posted by FoM on August 17, 2004 at 18:05:43 PT
Related Article from Bay City News 
Tuesday, August 17, 2004
  (08-17) 11:47 PST -- A Berkeley-based medical marijuana group today announced a statewide campaign of court filings that seek the return of about $1 million worth of seized marijuana. The motions claim illegal seizures and are expected to be filed in 36 California counties, including 10 counties in the Bay Area, according to William Dolphin, an Americans for Safe Access spokesman. ASA has fielded scores of calls in recent months from patients who claimed they had their marijuana improperly seized, according to ASA executive director Steph Sherer. Proposition 215, passed by voters in 1996, allows the use of the narcotic for medical purposes. Medical marijuana activists at a news conference this morning said that law enforcement agencies in recent years have refused to return marijuana, even after criminal charges have been dismissed. Anthony Bowles, a San Francisco resident, planned to file a motion in San Francisco Superior Court this morning seeking the return of 3.5 grams of marijuana seized by the California Highway Patrol on May 5, according to the motion. He said that his ill mother required the plant for medical reasons. The return of seized medical marijuana is mandated by state law and is not up for interpretation by local law enforcement agencies, Sherer said. "They either need to obey the law or apply for a job in Utah,'' she said. 
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/08/17/roundup.DTL
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Comment #13 posted by mayan on August 17, 2004 at 18:02:39 PT
Relevant...
Here is an article which may be relevant in regards to state's rights and mmj laws. It mentions the CSA...Appeals court rejects Ashcroft's fight against assisted suicide:
http://news.statesmanjournal.com/article.cfm?i=85215The way out...1st Amendment at Ground Zero? Ground Zero Perimeter is Public Property:
http://www.911truth.org/article.php?story=20040817092850554The Coincidence Theorist's Guide to 9/11: 
http://rigorousintuition.blogspot.com/2004/08/coincidence-theorists-guide-to-911.htmlSummer Of Truth 2004 - Exposing the 9/11 Cover-Up:
http://www.summeroftruth.org/Some Dare Call It Treason: Wake Up America!
http://baltimorechronicle.com/041704reTreason.shtml
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Comment #12 posted by FoM on August 17, 2004 at 17:25:10 PT
sukoi
That was very kind of you to say to another reformer about CNews. We are a good bunch of people here. CNews is almost 6 years old this December and in the not too distant future will have 20,000 articles posted and a conservative number of around 100,000 comments. I figured 5 comments per article to come up with that figure so it could be more or a little less. We are writing the history of the drug war every single day and I take that very seriously. I always wanted to do something like this but just thought it was something that might not happen and was just a nice thought. We'll we're here and we are getting closer day by day. I'll end with this. Never go straight but always go forward but never go back. PS: Kapt emailed me and won't be posting much for a while because work is keeping him really busy and I thought some of you might want to know where he has been.
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Comment #11 posted by sukoi on August 17, 2004 at 16:57:56 PT
FoM
You are quite welcome and I'd like to share something with you and all of the other wonderful people here; I recently had a meeting with a prominant reformer in my area (sort of) and absolutely could not resist stressing the importance of Cannabis News, so here is what I wrote: If you want more helpful tips, and I can't stress this enough, READ CANNABIS NEWS DAILY AND KEEP UP WITH THE COMMENTS!!! I don't mean to "shout" but these people can help you more than you think; they have been involved with this for years (many of them for decades)! The comments are generally directed toward the article in question but if you were to ask a question, you will most certainly get an answer; register and post a comment/question - it's free and you might be pleasantly surprised! As an example, read comments 1 and 2 at the link below; they are posted by Jose Melendez and kaptinemo, respecively and comment 1 mentions the Sherman Antitrust Act, ever heard of it? This is another arguement to re-legalize MMJ, because Marinol has a monopoly in the THC (although fake) department. Many of the people who comment here are absolutely outstanding writers and know this subject inside and out (they certainly humble me) but they have no voice; you can take this wealth of information and be that voice, they would certainly appreciate it and so would I!!!
 
Here is the link: http://cannabisnews.com/news/thread19313.shtmlWhat I said to this person I feel 100% "good" about!!! 
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Comment #10 posted by siege on August 17, 2004 at 16:38:35 PT
  cal.
medical marijuana patients. sue calif first becuase the law was broken they win that. that is 970,000
attorney fees 1/3 about + 300.000
then damages of up to 3 times 
that is around 18,000,000
 then the state of calif. have to sue the FED Govt.
so it is the state of Cal. agnist the FED Govt. 
Not the Calif. medical marijuana patients.
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Comment #9 posted by FoM on August 17, 2004 at 16:28:24 PT
sukoi 
Thank you. I really like Chris Matthews. He has the one news show on TV that I really like to watch. I will settle in and watch Hardball then. Thank you for the very nice words I read over on maybe hopefully the next President's web site.
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Comment #8 posted by sukoi on August 17, 2004 at 16:22:28 PT
FoM
I saw that too but it was simply one of those "around the world in 30 seconds" kind of things; unfortunately I don't think that they will delve into it any further (although I wish they would)! I certainly hope that I'm wrong!!! 
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Comment #7 posted by FoM on August 17, 2004 at 16:10:28 PT
CNN Just Mentioned The Story
They only showed a brief spot about it and no more unless it is coming up. I watch Hardball so I might miss it if they do. I'll go back and forth between CNN and Hardball.
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Comment #6 posted by sukoi on August 17, 2004 at 15:49:26 PT
The Feds?
I could be wrong but wasn't the DEA involved? If so then the feds would indeed be the ones who wound up with the WAMM cannabis, right? Also, I cant wait for the SCOTUS to rule, I simply cannot see how they can do anything other than rule in the favor of WAMM; to do anything less would completely against the Constitution that they are supposed to interpret and uphold. This could open up many doors for total reform!!!
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Comment #5 posted by siege on August 17, 2004 at 15:33:15 PT
     CUA
 Proposition 215  Californians Compassionate Use Act, leaving patients and caregivers vulnerable to arrest. CUA states that its intent is “to ensure that patients and their primary caregivers … are not subject to ((criminal )) prosecution or sanction.” US court system. California Courts are not federal courts. They go thgough CRIMINAL COURT first. 
To get californa first them the Govt.
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Comment #4 posted by global_warming on August 17, 2004 at 15:09:49 PT
On The Radio
While listening to the news on the radio on the drive home from work, I heard this news story, interesting point, they referred to the mj as their "medicine",..should be returned. 
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Comment #3 posted by The GCW on August 17, 2004 at 14:11:33 PT
Coloradoans Ask Feds To Return Their Marijuana
Also!And yes, they are demanding it.I'm not looking up the 2 different cases but one is Don Nord and the other is _____ Day, I belive.If anyone needs more info speak up and will find.
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Comment #2 posted by FoM on August 17, 2004 at 13:03:12 PT
VitaminT
I believe you are right.
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Comment #1 posted by VitaminT on August 17, 2004 at 12:50:28 PT
Reuters is British right?
This writer seems poorly informed about the structure of the US court system. California Courts are not federal courts.What's more, given the volume of cases filed it would seem, to me at least, that they are not "asking" for anything - They're DEMANDING justice under the law.Pitty we have to go to court to force the police to perform their sworn duty!!! Who do they think they work for anyway?
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