cannabisnews.com: Group Sues State To Stop CHP Pot Confiscations





Group Sues State To Stop CHP Pot Confiscations
Posted by CN Staff on February 15, 2005 at 17:14:56 PT
By Michelle Locke, Associated Press
Source: Associated Press
Berkeley, Calif. -- Medical marijuana advocates have filed suit against the California Highway Patrol, demanding that officers stop confiscating pot from authorized users.The suit, filed Tuesday in Alameda County Superior Court, is the latest salvo in the long-running debate over medical marijuana in California, approved by voters in 1996, opposed by federal authorities ever since and applied unevenly all over the state.
The suit, which also names the governor and attorney general, says the highway patrol's "rigid policy," of seizing medical marijuana "causes law abiding citizens to suffer pain, humiliation, loss of dignity, extreme anxiety and a fear of the police.""It's been more than eight years since California voters approved the right to use marijuana medically and since that time law enforcement has resisted upholding that right," said Kris Hermes, legal director of Americans for Safe Access, the Berkeley-based group bringing the suit. "While this resistance is pretty widespread across California, CHP are the worst violators by far."At CHP headquarters in Sacramento, spokesman Tom Marshall said department officials have not seen the suit and therefore had no comment.As for CHP policy in general, he said, a doctor's note alone isn't enough to prevent confiscation of marijuana. Marshall said the agency is waiting for authorized user ID cards to be issued by the state Health Department.The voluntary ID card program was authorized by legislators in 2003 but cards haven't been issued yet. Department of Health Services spokeswoman Norma Arceo said the program had been delayed for lack of funds, but officials are developing a pilot program with 10 counties and hope to have the system set up statewide by year's end.People with a medical recommendation to use marijuana will be able to apply for the ID card and the department will also have a toll-free number and Web site to help officers check to see if a person is an authorized user, she said.Hermes took issue with the argument that a doctor's recommendation isn't sufficient."The law states quite explicitly that a qualified patient is someone who presents a recommendation from their physician or a voluntary identification card," he said.The suit also names Gov. Arnold Schwarzenegger and Attorney General Bill Lockyer. The governor's office referred calls to the CHP and a Lockyer spokesman said he had not seen the suit and had no comment.The suit seeks a court order stopping the CHP from seizing marijuana from legitimate patients."It's like someone being pulled over and getting their Motrin taken away that they use to relieve their pain," Hermes said.On the Net: http://www.safeaccessnow.orgSource: Associated Press (Wire)Author: Michelle Locke, Associated PressPublished: February 15, 2005Copyright: 2005 The Associated Press Related Article & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmSuit Challenges CHP Confiscation of Medical Pothttp://cannabisnews.com/news/thread20240.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #17 posted by FoM on February 16, 2005 at 12:45:01 PT
Nuevo Mexican 
I cut the transcript short. It is about two more sentences down on the transcripts. He sure did say it!
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Comment #16 posted by Hope on February 16, 2005 at 12:41:24 PT
'I got high just before I came out here!'
He said that?Bill Maher is definitely one of my heroes today. Thank you Nuevo Mexican.
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Comment #15 posted by FoM on February 16, 2005 at 12:39:11 PT
Nuevo Mexican 
I'm glad you liked it too. He won that one! I didn't listen to what he said after that. I got busy doing something else and I guess I tuned out. 
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Comment #14 posted by nuevo mexican on February 16, 2005 at 12:34:55 PT
 Great article! I did see Bill FOM! Thanks!
I love your headsup on the boobtube!Although Bill Maher is an idiot on bush and the Iraqi elections, which cost many lives for bushes reelection, (and have backfired, ultimately a good thing, but not to bushes credit) he is outspoken about legalizing cannabis. He also said, 'I got high just before I came out here!' as well! Everyone should be as honest and 'out of the closet' about their Cannabis preferences, as this is what gives it a 'no big deal' status it deserves.Back to Bill: Half the time he is right on, and half the time totally clueless. Maybe Cannabis is the ultimate truth serum, where one says what they REALLY think, regardless of any contradictions, and including the contadictions. 
Hmmmm....
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Comment #13 posted by FoM on February 16, 2005 at 12:10:44 PT
Thank You Potpal!
http://www.cannabisnews.com/news/thread20250.shtml
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Comment #12 posted by potpal on February 16, 2005 at 11:55:36 PT
bill maher in scarborough country...
http://msnbc.msn.com/id/6980984/
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Comment #11 posted by FoM on February 16, 2005 at 09:07:29 PT
potpal
Thanks! That's the link I have been checking. Maybe by later on tonight it will be online.
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Comment #10 posted by potpal on February 16, 2005 at 09:01:24 PT
transcripts
Looks like we'll need to wait a day before transcipts are made available...http://msnbc.msn.com/id/3719710/ 
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Comment #9 posted by potpal on February 16, 2005 at 08:44:37 PT
alaska representative
>The Alaskan proposals that would criminalize pot to the point of underage incest are being proposed in both the house and senate. Might want to contact your elected officials if you are from there.With the internet it doesn't matter where you're from, send the alaskan reps your rant. They'll never take the time to ascertain where you're located and it will help fill their inbox. Pick a city, Hi...I'm from Kenai...
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Comment #8 posted by FoM on February 16, 2005 at 08:30:32 PT
Taylor
I didn't know anything about Alaska but I'll keep looking for an article. I have the Copyright info set up to post the transcript but it isn't on line as of a few minutes ago but I'll post it when it is available.
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Comment #7 posted by goneposthole on February 16, 2005 at 07:33:14 PT
The CHP is probably smoking the confis. cannabis
The rumor is in my town that a number of police officers are regular users of cannabis. It can't be substantiated, they would probably c.t.a., but it is from a reliable source."Why isn't marijuana legal?"-- Bill Maher on MSNBCAs long as the Busheviks are in control of America, the US government will continue to abuse her. It's out of control. 
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Comment #6 posted by cloud7 on February 16, 2005 at 05:32:40 PT
 Cannabis wrangle returns to court
http://news.bbc.co.uk/1/hi/uk/4269997.stm
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Comment #5 posted by Taylor121 on February 15, 2005 at 22:10:17 PT
Cool
"Bill Maher went off on Marijuana Legalization and it even made Joe blush and not know what to say! Wow!
"I wish I could have seen it. Cox Communications doesn't carry MSNBC in my area. Hopefully there will be a transcript somewhere. Post a url if you ever find it, or if you get the time can someone just type out what was basically said about marijuana prohibition?I got an email from the MPP today. The Alaskan proposals that would criminalize pot to the point of underage incest are being proposed in both the house and senate. Might want to contact your elected officials if you are from there.
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Comment #4 posted by FoM on February 15, 2005 at 19:33:08 PT
Related Article from The AP
Calif. Patrol Sued for Seizing Medical PotMichelle Locke, Associated PressFebruary 15, 2005BERKELEY, Calif. - Medical marijuana advocates filed a lawsuit Tuesday demanding California Highway Patrol officers stop confiscating pot from authorized users.The lawsuit is the latest salvo in the long-running debate over medical marijuana in California, approved by voters in 1996, opposed by federal authorities ever since and applied unevenly all over the state.The lawsuit against the highway patrol - which also names Gov. Arnold Schwarzenegger and Attorney General Bill Lockyer - says CHP's "rigid policy" of seizing medical marijuana "causes law abiding citizens to suffer pain, humiliation, loss of dignity, extreme anxiety and a fear of the police.""It's been more than eight years since California voters approved the right to use marijuana medically and since that time law enforcement has resisted upholding that right," said Kris Hermes, legal director of Americans for Safe Access, the Berkeley-based group bringing the lawsuit. "While this resistance is pretty widespread across California, CHP are the worst violators by far."The lawsuit seeks a court order stopping the CHP from seizing marijuana from legitimate patients."It's like someone being pulled over and getting their Motrin taken away that they use to relieve their pain," Hermes said.At CHP headquarters in Sacramento, spokesman Tom Marshall said department officials have not seen the lawsuit and had no comment. But he said a doctor's note alone prescribing pot isn't enough.Hermes disagreed: "The law states quite explicitly that a qualified patient is someone who presents a recommendation from their physician or a voluntary identification card."Marshall said the agency is waiting for state health officials to issue user ID cards. Department of Health Services spokeswoman Norma Arceo said officials hope to have a statewide system by year's end.The governor's office referred calls to the CHP. A Lockyer spokesman said he had not seen the lawsuit and had no comment.Copyright: 2005 Associated Presshttp://www.kansas.com/mld/kansas/10908675.htm
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Comment #3 posted by FoM on February 15, 2005 at 19:01:35 PT
Whoa!
Bill Maher went off on Marijuana Legalization and it even made Joe blush and not know what to say! Wow!
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Comment #2 posted by FoM on February 15, 2005 at 17:44:37 PT
ekim
Thank you. I'm planning on watching it tonight. I only saw the last few minutes of Bill Maher on Larry King. I don't want to miss this one too.
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Comment #1 posted by ekim on February 15, 2005 at 17:22:09 PT
bill maher on joe scarbourgh 10 pm est
Feb 17 05 Hawley Rotary Club 06:00 PM Peter Christ Hawley Pennsylvania USA 
 Members of the Hawley Rotary Club welcome Board Member Peter Christ for dinner and discussion of the failures of drug prohibition. Feb 17 05 Lehigh Valley Industrial Park Kiwanis Club 07:30 AM Peter Christ Allentown Pennsylvania USA 
 Members of the Lehigh Valley Industrial Park Kiwanis Club welcome Board Member Peter Christ for breakfast and discussion of issues related to the failure of drug prohbition. Feb 17 05 Why Our Drug Laws Have Failed and What We Can Do About Them 04:15 PM Jim Gray Middleton Connetticut USA 
 The Wesleyan University welcomes Judge Jim Gray to "Why Our Drug Laws Have Failed and What We Can Do About Them". A frank discussion of the failures of drug prohbition. Feb 17 05 Judges Say Legalize Drugs 08:00 PM Jim Gray Providence Rhode Island USA 
 Brown University welcomes Judge Jim Gray to "Judges Say Legalize Drugs". A discussion of the failure of drug prohbition and viable alternatives. Feb 17 05 Wesleyan University SSDP Policy Lunch 12:00 PM Jim Gray Middleton Conneticut USA 
 Members of the Wesleyan University Students for Sensible Drug Policy invite Speaker Judge James Gray for lunch and discussion of drug related issues such as the HEA Act and other issues that relate to students and the population as a whole. Feb 17 05 Wesleyan University Student Newspaper 03:15 PM Jim Gray Middletown Connecticut USA 
 Speaker Judge James Gray sits down for an interview with the Wesleyan University Student Newspaper "The Argus" to discuss drug prohibition issues such as mandatory minimums, the human and financial costs of the drug war and the effects on minority populations. address specific issues related to their region of the country Feb 26 05 Monroe County Libertarian Party 02:00 PM Peter Christ Rochester New York USA 
 The Monroe County Libertarian Party welcomes Board Member Peter Christ as their keynote speaker at their annual meeting. Feb 27 05 Church of the Servant 10:30 AM Howard Wooldridge Oklahoma City Oklahoma USA 
 Members of the Church of the Servant welcome Board Member Howard Wooldridge for discussion of issues related to the failure of America's war on drugs. 
http://www.leap.cc/events
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