cannabisnews.com: Pot Grower's Case Could Break New Ground 





Pot Grower's Case Could Break New Ground 
Posted by FoM on October 24, 2000 at 20:38:37 PT
By Francis P. Garland, Lode Bureau Chief 
Source: Stockton Record
An attorney for a Wallace man who, along with his wife, is charged with cultivating marijuana said Monday their case is the most significant one yet in the realm of medical-marijuana law. K. Randolph Moore, a Morgan Hill attorney representing Ricky Dewayne Garner, 42, said his client and his wife, Sue Melinda Garner, 40, were upfront in their efforts to grow marijuana for people who had a legal right to it -- including themselves -- and that officials had no business arresting them. 
The Garners are charged with cultivating marijuana, a felony, and contributing to the delinquency of a minor, a misdemeanor. According to the complaint filed against the Garners in Calaveras County Superior Court earlier this month, they permitted and encouraged their 15-year-old son to use a controlled substance. The Garners both pleaded not guilty during their initial arraignments last week. Monday, they were ordered to return to court at 9 a.m. Dec. 20 for a preliminary hearing. The hearing will determine if the Garners must stand trial on the charges. The Garners are ministers of the Northern Lights Church, a Unitarian ministry that believes cannabis is a "physical and spiritual healing sacrament from times of antiquity," according to the church's Web site. On Aug. 2, the Sheriff's Department served a search warrant at the Garners' property on Southworth Road and destroyed 287 live marijuana plants. More than two months passed before District Attorney Peter Smith's office filed criminal complaints against the Garners, who are free on their own recognizance. Smith would not comment on the case Monday. Neither Rick nor Sue Garner would answer questions Monday following their hearing before Judge Douglas Mewhinney. But Moore said the Garners were upfront about growing marijuana for members of their church who have a legal right to use it under Proposition 215. The Compassionate Use Initiative, passed by voters in 1996, legalized the use of marijuana to treat certain illnesses. Moore said county law enforcement agents knew the Garners were growing marijuana for seriously ill patients. "That's why we're sickened and disappointed that, in the face of that, law enforcement chose to go out and destroy this medicine that's sanctioned by the state, and seriously ill people were deprived of this," he said. Moore said law enforcement had no proof the Garners were involved in illicit activity before they raided the property, and they found nothing once they arrived to justify their actions. "There was no information dealing with sales because there wasn't any," Moore said. "There's no information in profiteering off of this because there was none and there was no intention of doing so. "This case is the most significant case in medical-marijuana history thus far. If they can prosecute and convict my client and his wife of these charges, then no one is safe, and then Proposition 215 means absolutely nothing." Moore said he's confident if the case goes to trial "no jury would convict them of these charges." Moore said what makes the Garners' case different is that they were "actively participating" with local authorities to help develop guidelines for Proposition 215. A member of the Northern Lights Church, David Jack, who also is a minister for the church, served on a task force the Board of Supervisors appointed to help develop guidelines for medical-marijuana use. The board approved those guidelines Monday. * To reach Lode Bureau Chief Francis P. Garland, phone 736-9554 or e-mail: garnel goldrush.com Source: Record, The (CA)Author: Francis P. GarlandPublished: Tuesday, October 24, 2000 Copyright: 2000 The RecordAddress: P.O. Box 900, Stockton, CA 95201Fax: (209) 547-8186Contact: editor recordnet.comWebsite: http://www.recordnet.com/Related Articles & Web Site:Northern Lights Churchhttp://northernlightschurch.org/nlc.htmMedical Pot Rules Approved http://cannabisnews.com/news/thread7439.shtmlCalaveras Reconsiders Pot Use http://cannabisnews.com/news/thread7405.shtml Sacrament or Sacrilege? http://cannabisnews.com/news/6/thread6845.shtml Calaveras Raid on Church Nets 287 Pot Plants http://cannabisnews.com/news/6/thread6628.shtmlMedical Marijuana Task Force Debates Amount http://cannabisnews.com/news/thread6813.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml 
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: