cannabisnews.com: Marijuana Grower To Stand Trial 





Marijuana Grower To Stand Trial 
Posted by FoM on August 29, 2000 at 15:16:49 PT
By Wendy Thomas Russell, Staff Writer 
Source: Press-Telegram 
Setting the stage for Long Beach's first medicinal-marijuana trial, a 55-year-old arthritis sufferer was ordered Monday to stand trial on two felony counts relating to the possession of cannabis and hashish. After a three-hour preliminary hearing in Long Beach Superior Court, Judge James Wright found enough evidence to hold David Zink for trial on charges of possession of marijuana for sale and manufacturing a controlled substance.
The judge threw out a third count, possession of marijuana, saying he believed Zink was within the law to cultivate the 30 pot plants found in his West Long Beach home Aug. 10. Wright also allowed Zink to remain free on his own recognizance."This is an unusual case," he said. "I think there's no evidence that Mr. Zink is going to go anywhere."Zink, an outspoken activist, maintains that he and two friends one with cancer, the other with post-polio syndrome were operating a co-op at his house. Only the three men were growing the pot, he says, and only the three men were smoking it.Under Proposition 215, which legalized the use of marijuana with a doctor's note, any patient or patient caregiver can cultivate cannabis with permission from a doctor.That, prosecutor John Harlan told the court, is an important distinction. While Zink may be legally responsible for one-third of the crop, Harlan said, "he does not qualify as a patient caregiver." Defense attorney J. David Nick of San Francisco emphasized that the burden of proof is low at the preliminary-hearing stage of a criminal case. And he interpreted the judge's dismissal of the possession count to mean that Zink could go home and plant new marijuana seeds immediately.What remains to be seen is how a jury will deal with the remaining two counts. The "controlled substance" count refers to concentrated THC, or hashish, found in a jar at Zink's house. Proposition 215 says nothing about hashish, Wright said, so it did not seem to be protected under the law.The second count, possession for sale of marijuana, was upheld because the presence of a scale and several baggies in Zink's home was never justified by the defense. Wright said those items aroused a reasonable suspicion that Zink might be selling the drug.The hearing attended by about 20 of Zink's supporters was muddied by two conflicting versions of how much usable marijuana could have been yielded from Zink's garden and what would be a reasonable amount for a patient to use.Lisa Cordova Schwarz of Ventura County stood outside the courtroom wearing a lei made of plastic marijuana leaves around her neck. She leaned on a cane, which she said provides relief from failed back surgery and leg damage."He'll get off at trial," Schwarz said confidently. "There's no doubt about it. He will not be convicted at trial."Zink is scheduled to appear in court again Sept. 11.Published: Tuesday, August 29, 2000 Source: Long Beach Press-Telegram (CA)Copyright: 2000 Press-Telegram.Contact: crutch ptconnect.infi.netWebsite: http://www.ptconnect.com/Related Article: Activist Fighting Felony Drug Charges  http://cannabisnews.com/news/thread6854.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml CannabisNews Articles On Prop 215:http://cannabisnews.com/thcgi/search.pl?K=prop+215
Home Comment Email Register Recent Comments Help




Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: