cannabisnews.com: Pot Case About Pain, Law





Pot Case About Pain, Law
Posted by FoM on October 30, 1999 at 11:39:25 PT
Defendant says he had Doctor's support
Source: Record Searchlight 
A Redding couple, discreetly growing marijuana in their back yard, have found themselves the north state's spokespeople for medical marijuana use since their arrest in 1998 for drug possession.
But now, husband Richard Levin isn't doing much talking.The 49-year-old, who suffers from hepatitis C and a missing vertebra, is about to begin a trial based on a doctor's note — or lack thereof.He is charged with cultivation and possession for sale of pot. Shasta county prosecutor Laura Sheehy requested Thursday to add an enhancement that Levin was in possession of eight firearms at the time of his arrest.If found guilty of all allegations, he could be sentenced to seven years in prison, but his Redding attorney, Eric Berg, said he believes the most Levin could face is four.Pretrial motions are scheduled to continue today. Jury selection is set for Tuesday. Meanwhile, Levin said he'd like to tell his story, but his attorney has advised him otherwise.His wife, Kim Levin, 35, spoke Thursday on his behalf.''When this happens to you, you wonder how they're going to twist everything. Are they going to paint it like he's got two joints sticking out of his face and blowing smoke in everybody's way? It's unbelievable. You're following the law, but law enforcement won't tell you how to follow the law,'' she said.Kim Levin once faced the same charges as her husband, but prosecutors dropped them in August because of a lack of evidence. Thursday, she waited outside the courtroom where she will eventually testify in the estimated two-week trial.Inside, Richard Levin sat in a lawn chair rather than one of the hard wood seats at the attorneys' tables. He often leaned forward, rubbing his legs or changing position. His condition makes it difficult for him to sit or stand for long, his wife said.The Levins' troubles began with a contracting job accident in 1993, she said. Levin fell from the third floor of a house he was helping to build, landing on his back. After several operations on his spine, and a few years on heavy narcotics, Levin began to worry about how the drugs were affecting his liver. He began to wean himself off the prescription drugs. Now, he only uses Darvocet and smokes marijuana to relieve the pain, his wife said.''It was not an intention to decrease the narcotics so he could increase the cannabis. It was because he was so in fear. In fear of killing himself (through use of prescription drugs). He didn't want to die of liver failure,'' Kim Levin said.She said Levin has had his doctor's oral recommendation to use marijuana ''at least'' since the ''Compassionate Use Act'' passed the California Legislature in 1996. The law protects seriously ill patients who have the written or oral approval of their doctors, allowing them to grow and use pot to treat AIDS, cancer, chronic pain ''or any other illness for which marijuana provides relief.'' It does not specify how many plants a patient may have.Richard Levin was arrested May 6, 1998, and held in Shasta County Jail for three days, after authorities allegedly found 41 seedlings in his back yard and 1 pounds of packaged marijuana buds in the Levins' bedroom.Since then, the Levins have found themselves becoming the contact people for other pot patients, who Kim Levin said are too scared to question law enforcement, thus revealing themselves. They have founded the Shasta Patients Alliance and spoken with county supervisors, sheriff's deputies, Redding police officers and even the district attorney about medical marijuana.Until the trial, attorneys on both sides of the case are keeping its details behind a smoke screen of their own — they have declined to comment.Reporter Kimberly Bolander can be reached at 225-8339 or at kbolander redding.com.Kimberly BolanderOctober 29, 1999©1999 Record Searchlight Related Articles:Justice Department Asks For Rehearing of MMJ - 10/28/99http://www.cannabisnews.com/news/thread3459.shtmlJustice Department Ask for Rehearing of MMJ Ruling-10/27/99http://www.cannabisnews.com/news/thread3452.shtml
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