cannabisnews.com: 4 From Pot Clinic To Face Charges Again 4 From Pot Clinic To Face Charges Again Posted by FoM on November 01, 2000 at 08:04:25 PT By J. Harry Jones, Union-Tribune Staff Writer Source: San Diego Union Tribune A San Diego Superior Court judge overruled one of his colleagues yesterday and ordered four people from a Hillcrest medicinal marijuana clinic that was shut down by police earlier this year to again face drug charges. In doing so, Judge Howard Shore criticized another judge who had dismissed charges nearly two months ago against the owners and employees of the California Alternative Medicinal Center on Fourth Avenue. Shore said Judge William Mudd committed an "abuse of discretion" in September when Mudd dismissed marijuana sale and possession-for-sale charges against Carolyn Konow and her son Steven Rohr, co-owners of the clinic, and Amy Toosley and Daniel O'Neil, who worked there. The case further clouds the issues surrounding Proposition 215, in which state voters in 1996 legalized the use of marijuana for medical purposes. Although it is not against the law for a doctor to recommend marijuana or for a patient to smoke it, it is still against the law to purchase pot or sell it. On Sept. 5, Mudd ruled that the defendants had been put in an "untenable position" by the ambiguity and confusion surrounding Prop. 215. He said Konow "had taken all steps necessary to comply with the statute," but that the law was so "botched up" that what is legal in other parts of the state is illegal here. Shore disagreed. He said although Konow had discussed her plans to operate the clinic with police and with the City Attorney's Office, she had not gone directly to the District Attorney's Office, which Shore said is the only agency that matters because only it charges felonies. Now, the issue shifts back to Mudd. The defendants were ordered to appear before him again on Nov. 7. Konow and the other three could face six years in prison if convicted, said Deputy District Attorney Julie Korsmeyer. The purchases were made by a former volunteer at the clinic who was the caretaker for a man suffering from AIDS. The former volunteer agreed to cooperate with police after detectives unsuccessfully used an undercover sheriff's deputy. The clinic had been operating for more than two years when it was shut down and had about 1,000 clients, Konow said. Source: San Diego Union Tribune (CA) Author: J. Harry Jones, Staff Writer Published: November 1, 2000Copyright: 2000 Union-Tribune Publishing Co. Address: PO Box 120191, San Diego, CA, 92112-0191 Fax: (619) 293-1440Contact: letters uniontrib.com Website: http://www.uniontrib.com/ Forum: http://www.uniontrib.com/cgi-bin/WebX Related Articles:Case Against Pot Clinic Staff is Thrown Out http://cannabisnews.com/news/6/thread6953.shtmlPolice Close Down Medical Marijuana Provider http://cannabisnews.com/news/5/thread5450.shtmlPetaluma Pair Facing Trial in Pot-Growing Case http://cannabisnews.com/news/thread5443.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #5 posted by m segesta on November 02, 2000 at 05:27:57 PT: but there was no "legal" prejudice Doc --- a dismissal with prejudice only comes if the defendants were legally prejudiced....unfortunately, just the burden, or prejudice, of having to pay counsel, worry about charges, etc., doesn't count.......generally, you can get a dismissal with prejudice if the state doesn't have sufficient evidence, makes a motion to dismiss on bad faith or for delay, etc., but if the judge tosses a case on a defendant's motion, witht he state opposed, the state gets a shot at appeal unless jeopardy has attached, i.e., a trial jurror has been sworn in or, in a bench trial, the first witness has been sworn.you're about it being unfair, though. [ Post Comment ] Comment #4 posted by Ethan Russo, MD on November 01, 2000 at 13:59:19 PT: Poor System Dan, I'll tell you why. The system is a miscarriage of justice in and of itself. If any of you are ever facing charges in a situation such as this, have your attorney ensure that they are "dismissed with prejudice." That means that they cannot be resurrected. [ Post Comment ] Comment #3 posted by Dan B on November 01, 2000 at 13:38:36 PT: By the way... Whatever happened to the concept of double jeopardy? Why does the prostitution...er, prosecution get to take people to court again for "crimes" that have already been dismissed by a judge? [ Post Comment ] Comment #2 posted by Dan B on November 01, 2000 at 13:35:50 PT: So, they go back to Judge Mudd... I'll tell you what I would do, were I Judge Mudd: I'd say, "Fine--you are all guilty, so I sentence you to the minimum prison time, suspended. As a condition of your suspended sentence (conditions are, I believe, mandatory when suspending a sentence), you must each perform one hour of community service, which will consist of educating Judge 'Dumbass' Shore about the medical efficacy of marijuana." That would put Judge Shore in his place.Dan B [ Post Comment ] Comment #1 posted by legalizeit on November 01, 2000 at 12:18:47 PT meddling thug in a robe Just legalize the herb and free up the legal system for real criminals. Is that so hard? [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: