cannabisnews.com: Case Could Set Precedent





Case Could Set Precedent
Posted by FoM on September 13, 2000 at 11:07:08 PT
By Bruce McLean, Staff Writer 
Source: Ventura County Star
The helicopter hovered over the remote Lockwood Valley ranch of Lynn and Judy Osburn for nearly an hour on the morning of Aug. 4, finally landing in the spacious front yard. Then the SUVs pulled into the gravel driveway and the black-suited passengers -- dozens of Ventura County law enforcement officers -- climbed out. When they left, they took 342 marijuana plants, 6 pounds of packaged buds, dozens of 2-ounce bottles filled with an extract of the drug, and thousands of dollars of equipment used to manufacture it. 
In doing so, they nearly wiped out the supply of marijuana to hundreds of AIDS and cancer patients supplied by the Los Angeles Cannabis Resource Cooperative. The co-op, the last surviving medicinal marijuana club in Southern California, has garnered a reputation for strict adherence to guidelines set by Proposition 215, which legalized use of pot for medical purposes. More than 840 patients, 80 percent of them HIV-positive, are registered with the cooperative. Los Angeles County Sheriff Lee Baca has spoken positively about the club, saying his deputies honor the co-op's registration cards as proof of legitimate medical need for marijuana. For three years, the club has depended on the Lockwood Valley ranch in northern Ventura County and the Osburns to supply most of its marijuana. All of the marijuana taken in last month's raid was slated for delivery to the cooperative, according to the club's director and attorney. "It's really put a pinch on us," Director Scott Imler said. "We're back out on the street, having to buy from the black market." The Osburns and two others who live on ranch property, Mark Davidson and Carol Jo Papac, were arrested during the raid. All four are also patients using marijuana. If charges are filed -- the four were set to appear in court this morning -- the case could be the first of its kind in the state, co-op attorney John Duran said. "The legal question is whether a collective can organize themselves and grow marijuana on a farm," Duran said. "We're working on a new frontier here." They could be charged with cultivation of marijuana, possession for sale, and manufacturing a controlled substance -- all felonies. Prosecutors said Tuesday they were still investigating the case, and no decisions on charges had been made yet. Today's hearing is likely to be delayed. While other growers arrested for cultivating large amounts of pot have claimed to be providing it for patients, the Osburns and the cooperative have kept meticulous records of how much they grow and the amount sent to the cooperative, Duran said. The Osburns claim they've paid taxes on the money they make from the farm -- they charge about half of what the drug fetches on the black market. They have worked with the IRS and an attorney to figure out the taxes, Lynn Osburn said. Investigators confiscated all of the records, along with a computer, during the raid. While Proposition 215 allows patients with a doctor's permission to grow enough marijuana for themselves, the question of cooperatives is still hazy. It was not specifically addressed in the proposition. A proposed state bill would allow cooperatives, but the issue remains in limbo. While displaying their empty greenhouses and gardens this week, the Osburns, Papac and Davidson said they never tried to hide what they were doing. The greenhouses and gardens are a short walk from their hand-built ranch house. On fences surrounding the gardens and the entrances of the greenhouses hang signs that read in part, "All the marijuana on this premises is grown by and for patients with qualified doctors' recommendation and is solely for medical use." "We hid nothing," Osburn said. "It's not like we're a big mystery out here." Ventura County Sheriff's Capt. Dennis Carpenter participated in the investigation that led to the raid. He said investigators had no knowledge of the farm until it was spotted two weeks earlier on a routine flyover. He said the Osburns were fully cooperative and "didn't make any attempt to hide it." Co-op Director Imler believes the case could provide an opportunity for District Attorney Michael Bradbury to "show his mettle and allow this to be a solution rather than a problem." The Osburns, Davidson and Papac "have done a great service for many sick folks," Imler said. "I just hope after all they've done for us that their lives are not ripped apart." -- Bruce McLean's e-mail address is: bmclean insidevc.com Pubdate: Wed, 13, Sept. 2000Source: Ventura County StarAuthor: Bruce McLean, Staff WriterContact: bmclean insidevc.comCopyright: (c) 2000 Ventura County StarWebsite: http://www.staronline.com/Related Articles & Web Site:Los Angeles Cannabis Resource Centerhttp://www.lacbc.org/Medicinal Marijuana Clubs Back 4 Suspects http://cannabisnews.com/news/thread6660.shtml4 Arrested in Raid on Marijuana Farm http://cannabisnews.com/news/thread6647.shtml CannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml 
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Comment #1 posted by i_rule_ on September 14, 2000 at 16:41:20 PT
The truth is out there......
MEDICAL MARIJUANABENEFITS OUTWEIGH HARMOn March 17, the National Academy of Science's Institute of Medicine reported a ground-breaking study that concluded that everything our government has been telling us about marijuana since 1937 has been a lie. It does not lead to harder drugs, is not addictive, and has proven medicinal value that certainly outweighs any side effects. It's time for the Clinton administration to stop interfering with a doctor's right to recommend this herb and a patient's right to seek amelioration of his or problems. 
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