cannabisnews.com: Defendent Wins Pot Case





Defendent Wins Pot Case
Posted by FoM on December 16, 1999 at 11:27:16 PT
By Alex Breitler, Record Searchlight
Source: Record Searchlight
In what could be a landmark medical marijuana case, a jury on Wednesday acquitted a 49-year-old Redding man charged with growing pot for sale.The verdict is the first of its kind in Shasta County — and possibly California — since Proposition 215 passed in 1996, allowing the possession, use and cultivation of marijuana for medicinal purposes with a doctor's approval. 
And while defendant Richard Levin was all smiles after the verdict, he said he's angry the case went this far.''I'm extremely relieved that the truth came out,'' Levin said during a press conference Wednesday afternoon at the office of his lawyer, Eric Berg. ''But there's a problem here. They (law enforcement) are denouncing the law.''The jury spent a little more than a day deliberating the case.Levin was diagnosed with hepatitis C in 1991. Two years later, while on a contracting job, he slipped on the icy floor of a house he was helping to build and fell three stories, requiring four back surgeries.In fear of damaging his liver with heavy doses of prescription drugs, Levin turned to marijuana in 1994, growing the drug in his back yard. He got an oral recommendation from his doctor, Levin said.Authorities arrested him May 6, 1998, after finding 41 seedlings in his back yard and 1 pounds of packaged marijuana in Levin's bedroom.Jim Clark of Redding, an alternate juror in the case, did not vote or sit in on jury deliberations. But he witnessed the entire trial and said he agreed with the jurors' final decision.The prosecution failed to prove that Levin intended to sell the marijuana, he said.''If they (the prosecution) would have had somebody come forward and say, yes, I bought from him,'' Clark, 44, said. ''But all they could say was the marijuana was processed for sale.''Clark said it would be difficult for him to convict Levin given the fact that Proposition 215 doesn't place a limit on the amount of marijuana patients can grow.''The thing that they (prosecution) didn't have was a guideline for how much you could possess,'' he said. ''I couldn't send a guy to prison for violating a law that really wasn't a law.''The prosecutor of the case, Deputy District Attorney Laura Sheehy, deferred comment to District Attorney McGregor Scott. Scott said he respects the jury's decision, and said his office will review the verdict to see if it should change its stance on prosecuting medicinal marijuana cases.''I think it's safe to say that we'll review the jury's decision, we'll analyze it and try to talk to them,'' he said. ''If appropriate, we'll amend the approach that we've taken.''Scott said Levin would have more pot than he needed once the plants matured.''That was an amount far in excess of anything anyone would need for personal use,'' he said.But Berg, Levin's lawyer, said charges shouldn't be based on ''some cop's forecast about what they might have three months from now.''They (law enforcement) claimed that the seedlings would turn into 20 pounds of dry marijuana green bud,'' but up to 30 percent of the plants probably would have died before reaching maturity, Berg said. Officials with the state Attorney General's Office said Wednesday that they hadn't heard of any Prop. 215-related acquittals. Locally, less than two dozen such cases have come before the district attorney's office since Scott took office. One case was dismissed, another resulted in a guilty verdict and the others in guilty pleas.As for Levin, he says he'll have to talk with law enforcement officials before going back to growing the marijuana that he believes he's entitled to.''That's the big question,'' he said. ''Are they going to leave me alone now, or are they going to come to my house and arrest me again?''Reporter Alex Breitler can be reached at 225-8344 or at abreitler redding.com.Published: December 16, 1999©1999 Record Searchlight Related Articles:He Lost Much For A Cause He Supported - 12/16/99http://www.cannabisnews.com/news/thread4025.shtmlVote Establishes Task Force To Study Issue - 12/15/99http://www.cannabisnews.com/news/thread4020.shtmlBetter Climate For 215 - 12/14/99http://www.cannabisnews.com/news/thread3995.shtml
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Comment #3 posted by Scott S. on January 30, 2001 at 08:24:48 PT:
Legalize NOW
I dont understand why Marijuana is illiegal.Why not make Tobacco and Booze illiegal.Hundereds of thousands of people die every year in car accidents and lung cancer, and how many have died from tokin a little Ganj. We need to get some open minded people in the senate
shrine of bud
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Comment #2 posted by Dr. Ganj on December 16, 1999 at 21:30:16 PT
Trial by Jury!
As I've said before, if everyone took their case to trial, there wouldn't be a drug war. Simple fact. It takes too much money to go to trial, and that's where it hurts them.Never plea bargain. It's like dancing with the Devil.Right on for Mr. Levin on having the courage to fight and win!I've seen it many times, and believe me, it'll break the system if we all did what Mr. Levin did.Exercise your rights!Dr. G.
http://www.aclu.org
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Comment #1 posted by FoM on December 16, 1999 at 20:23:04 PT
Related Article
Jury Acquits Man Who Said He Used Marijuana For Medicinal PurposesSacramento Beehttp://www.sacbee.com/Published: December 16, 1999REDDING, Calif. (AP) -- A jury acquitted a Shasta County man who said he was growing marijuana for medicinal use but was arrested on drug charges anyway.The jury deliberated for a little more than a day before clearing 49-year-old Richard Levin of the charges Wednesday. Prosecutors failed to convince the jury that Levin intended to sell the marijuana he was growing in his backyard.Levin was pleased with the verdict, but said he remains concerned that authorities seem unwilling to accept that medicinal marijuana use is legal in California."I'm extremely relieved that the truth came out," Levin said. "But there's a problem here. They are denouncing the law."In 1996, Californians passed Proposition 215, which allows possession, cultivation and use of marijuana for medicinal purposes. Implementation of the measure has proven difficult, however, as lawmakers struggle to agree on guidelines for prescribing and distributing the drug.Complicating matters is the fact that the U.S. Justice Department remains firm in its stance that marijuana is banned under federal law, with no medical exception. Mendocino County has a system whereby medicinal pot users are registered and documented, but Shasta County has no such program in place.Authorities arrested Levin in May of 1998 after finding 41 seedlings in his backyard and 11/2 pounds of pot in his bedroom.Levin was diagnosed with Hepatitis C in 1991. Two years later he slipped on some ice and fell three stories while working as a contractor. The injury required several back surgeries. To avoid further harming his liver, which the Hepatitis had already affected, Levin decided to take marijuana to ease pain. Levin said his doctor recommended orally that he use the drug. Such a recommendation is legal according to the language of Prop. 215.The verdict is the first of its kind in Shasta County. District Attorney McGregor Scott said his office will review the decision to see whether to change its approach to medicinal marijuana cases."If appropriate, we'll amend the approach that we've taken," Scott said.Scott stood by his contention that Levin had far more pot in his possession than was necessary for his condition."That was an amount far in excess of anything anyone would need for personal use," he said.Levin said he's unsure whether he will go back to growing marijuana."That's the big question," he said. "Are they going to leave me alone now, or are they going to come to my house and arrest me again?" Copyright © The Sacramento Bee 
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