cannabisnews.com: Judge Zaps Marijuana Count
Judge Zaps Marijuana Count
Posted by FoM on July 11, 2000 at 15:09:14 PT
Two other men face charges in the same case
Source: Record Searchlight
A Shasta County Superior Court judge Monday dismissed a marijuana possession charge against an Anderson man who is disabled by skeletal birth defects and uses a wheelchair."The choice is marijuana or suicide," attorney Janice Mackey told Judge Gregory Caskey of her client, Frank Port, 29, a card-carrying medicinal marijuana user under Proposition 215.
As Caskey looked at Port's doctor's recommendation, Senior Deputy District Attorney Brent Ledford asked that the case be dismissed."I was going to do that," Caskey said.Port was charged with possession of about 2 grams of marijuana, a misdemeanor. Outside court Port said Redding police seized 40 grams when he was arrested, but he was charged only for the smaller amount.Port's case involves two other Anderson men: Josh Bushey, 25, and Toby Ladewig, 25, who face separate proceedings next month. The two accompanied Port to court Monday. Another patient involved in the case has not been charged.Bushey says he is Port's legal caregiver under Proposition 215, the state's compassionate use act. Ladewig is caretaker for an Anderson woman who is not charged in the case.Ladewig said he was driving a van in Redding on May 3. Port and Bushey were passengers.The group had purchased 24 marijuana plants and was en route to the place where they planned to plant them, Port said. Some of the plants were for the Anderson woman for whom Ladewig is caregiver, Port said.A Redding police officer stopped the van on Park Marina Drive for allegedly running a yellow light, Ladewig said. The three were not arrested, but the marijuana was confiscated, he said.On May 4 police returned six of the plants to Ladewig and the Anderson woman. Port and Bushey later were notified by mail that they had been charged. Ladewig said he learned that he, too, had been charged when he accompanied them to court.Ladewig and Bushey also were charged with marijuana trafficking and their case was split from Port's.State law does not limit the number of marijuana plants a patient can grow or use, but Redding police and Shasta County sheriff's deputies earlier this year adopted "guidelines" limiting patients to possession of two outdoor plants or three indoor plants or 1.33 pounds of processed marijuana.Ledford could not be reached for comment. By Maline Hazle, Record Searchlight Reporter Maline Hazle can be reached at 225-8266 or at: mhazle redding.comPublished: Tuesday, July 11, 2000 © 2000 Record Searchlight - The E.W. Scripps Co.CCUA Chronology of Implementation November 1996 through May 1999 http://drugsense.org/CCUA/chrono.htmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml
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Comment #3 posted by Dan B on July 11, 2000 at 23:41:22 PT:
Three Comments
First of all, great Freudian "slip," observer ("judge/prostitutor"). I'm still laughing.Second, thanks, FoM, for the great news concerning possible legislation for medical marijuana in Minnesota. Looks like those who predicted some states would follow suit after Hawaii legislated a better approach to medical marijuana were right. Way to go, Minnesota legislators!Finally, with regard to the article, consider the following excerpt: "Port was charged with possession of about 2 grams of marijuana, a misdemeanor. Outside court Port said Redding police seized 40 grams when he was arrested, but he was charged only for the smaller amount."Gee, I wonder where the other 38 grams went? Anyone care to make a wager on the bulk of his marijuana being returned? More than likely, it has either been sold or smoked by now.
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Comment #2 posted by FoM on July 11, 2000 at 22:01:34 PT
Legislators Seek Law on Medical Marijuana
Published: Tuesday, July 11, 2000 Capitol BriefingSt. Paul, MinnesotaLegislators Seek Law on Medical Marijuana: Minnesota legislators led by Rep. Alice Hausman, DFL-St. Paul, sent a letter Monday to Gov. Jesse Ventura and Health Commissioner Jan Malcolm that asks the administration to work with legislators on a proposal that would allow marijuana to be used for medical purposes.A Minnesota law permits research on medical marijuana use, but no such program has been opened. Bills that would let patients use marijuana for medical reasons failed in 1999 and this year. The legislators and the Marijuana Policy Project in Washington, D.C., would like an agreement before the next legislative session, said Richard Schmitz, the project's director of state policies.Ventura is in favor of the concept of using marijuana for medical purposes in a legally controlled fashion, said spokesman John Wodele.Legislators signing the letter were Hausman and:Rep. Karen Clark, DFL-Mpls.;Rep. Andy Dawkins, DFLSt. Paul;Rep. Barbara Haake, R-Mounds View;Rep. Peggy Leppik, R-Golden Valley;Rep. Len Biernat, DFL-Mpls.; Rep. Steve Trimble, DFLSt. Paul; Rep. Linda Wejcman, DFL-Mpls.;Sen. Ellen Anderson, DFLSt. Paul; Sen. Linda Berglin, DFL-Mpls.; Sen. Steve Kelley, DFLHopkins; Sen. Becky Lourey, DFLKerrick; Sen. John Marty, DFLRoseville; Sen. Pat Piper, DFL-Austin; Sen. Larry Pogemiller, DFL-Mpls.;Sen. Allan Spear, DFL-Mpls.-- Debra O'Connor, Staff Writerhttp://www.pioneerplanet.com/© 2000 PioneerPlanet / St. Paul (Minnesota) Pioneer PressCannabisNews Articles On Governor Ventura: http://alltheweb.com/cgi-bin/search?exec=FAST+Search&type=all&query=cannabisnews+ventura
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Comment #1 posted by observer on July 11, 2000 at 15:46:05 PT
Visible Wheelchair Forces Dismissal in California
... disabled by skeletal birth defects and uses a wheelchair. . . As Caskey looked at Port's doctor's recommendation, Senior Deputy District Attorney Brent Ledford asked that the case be dismissed.Yeah, the DA knew that supressing information about the mans health was futite, given that the man was in a wheelchair and obviously disabled. Otherwise, the stategy is to deny that medical reasons are involved, forbid the patient to mention that he was using cannabis as medicine, and "play it" like a straight possesion (or more likey distribution) case.But when it is obvious the person is disabled, etc. then the judge/prostitutor can't attempt to lie quite so easily to the jury. That's what happened here. Let the patient have cancer or something that is not externally visible (like Todd McCormick, like Peter McWilliams, etc.) then supressing evidence (as the prosecutor/judge is want to do) is more effective.
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