cannabisnews.com: DA, Chief at Odds Over Pot Case DA, Chief at Odds Over Pot Case Posted by FoM on January 13, 2001 at 15:09:03 PT By Richard Halstead Source: Marin Independent Journal The Marin district attorney's office yesterday dropped charges against a Greenbrae resident charged with illegally cultivating 19 marijuana plants adjacent to his trailer home, and Marin Superior Court Judge Verna Adams ordered that his plants be returned to him."Basically, I just want to be left alone," said Robert Voelker, a construction worker who says he uses marijuana to ease back pain. He faced maximum penalties of up to three years in prison and $10,000 in fines. Twin Cities Police Chief Phil Green said yesterday he disagrees with the district attorney's decision to drop charges. Twins Cities police arrested Voelker in August and worked closely with the district attorney's office over a two-month period preparing the case."I was very bothered by it," Green said. "What concerns me is there is probably no reason to arrest anybody for possession of marijuana in Marin County."It was the second time Voelker has escaped prosecution for growing marijuana. The district attorney's office declined to prosecute him in 1998 after Twin Cities police confiscated 31 marijuana plants at the same site.The decision comes as District Attorney Paula Kamena faces the probability of a recall election in May.Lynnette Shaw, founding director of the Marin Alliance for Medical Marijuana, helped organize an effort that collected nearly 14,000 signatures of registered voters to force the recall. Shaw contends that Kamena has not complied with Proposition 215, which legalized the medical use of marijuana.But Assistant District Attorney Edward Berberian said the recall effort "was not a factor that we put into the decision." The charges were dropped because after his arrest, Voelker was able to secure a legitimate doctor's recommendation as required under Proposition 215, Berberian said.A judgment was made that, given the circumstances, a Marin jury would not hand down a conviction, Berberian said.Green said he would consult with legal counsel before complying with Adams' order to return Voelker's marijuana. Green said he isn't sure if he should return all of the marijuana or just the amount that Kamena has indicated patients may possess without facing the possibility of prosecution.After his 1998 arrest, Voelker filed a $30,000 claim against police to get his plants back and a $5,000 small claims suit. Both were rejected.Shaw has an entirely different take on the situation."It was very unfair for him to be charged in the first place since the district attorney had already dropped charges against him for 30 plants the year before. They came back after him and busted him for 13 plants. This is typical of the wrongful arrest and confiscation policy of Paula Kamena," Shaw said.Shaw maintains that Kamena's estimation of how much marijuana an individual needs to grow for personal use - six mature or 12 immature plants - is insufficient."This is precisely the type of case that illustrates why we want to recall Kamena," Shaw said.Chief Green said Voelker was warned after his 1998 arrest - when he had 31 plants and three pounds of dried marijuana - that he was not complying with the law, lacked a doctor's recommendation, and needed to be certified by the county's department of health and human services."Well, he didn't do that," Green said. After his arrest in August, Green said Twin Cities officers contacted two doctors who wrote statements regarding Voelker's marijuana use. Both doctors denied prescribing marijuana for his medical problems, Green said. It is not his intention to arrest people who are legitimate medical marijuana users, Green said. "But this guy is just using the system," he said.Voelker said the physicians were intimidated. "What doctor wants law enforcement showing up at their door? Physicians are scared to recommend it in the first place," he said.Voelker estimates that the plants that Twin Cities police confiscated would have produced seven to 10 pounds of dried marijuana. He said he uses more than a half-ounce of marijuana per week."A cigarette smoker that smokes a single pack is going through nearly an ounce of tobacco per pack, and they're killing themselves. But they trip if I smoke an ounce in a week or two weeks," Voelker said."The half-pound supply that Marin says you can have is maybe two or three months' supply for me at most. It doesn't reduce the amount I get; it just forces me to go to the club and buy it," he said.Contact Richard Halstead via e-mail at: rhalstead marinij.com Source: Marin Independent Journal (CA)Author: Richard HalsteadPublished: January 13, 2001Copyright: 2001 Marin Independent JournalAddress: 150 Alameda del Prado, Novato, CA 94949Contact: opinion marinij.comWebsite: http://www.marinij.com/Related Article & Web Site:Marin Alliance for Medical Marijuana http://www.cbcmarin.com/MMJ Confusion Pits Advocates vs. Police http://cannabisnews.com/news/2/thread2224.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by Ethan Russo, MD on January 13, 2001 at 17:02:04 PT: More Nonsense "Twin Cities Police Chief Phil Green said yesterday he disagrees with the district attorney's decision"Not your job, babe."What concerns me is there is probably no reason to arrest anybody for possession of marijuana in Marin County."Now, there's a real shame. "Voelker estimates that the plants that Twin Cities police confiscated would have produced seven to 10 pounds of dried marijuana."Maybe with the buds, leaf, stem, stalks, root, and attached dirt! NIDA's own data shows maximum yields far, far below this. A reasonable estimate for true clinical cannabis (sinsemilla) is more like 1/4 to 1/2 ounce per plant, or in this instance 10 ounces, max. He is overestimating by a factor of 10 fold. Doesn't help the old credibility with juries.Someday soon, in many jurisdictions, it may be very difficult to achieve any convictions in cannabis cases. Sometimes a DA and/or judge will still disallow a medical necessity defense, even in light of the 9th Circuit decision. It happened here in Montana this summer. But on appeal --- [ Post Comment ] Comment #1 posted by Jay Baird on January 13, 2001 at 16:29:30 PT: Chief Green is what concerns me....... "I was very bothered by it," Green said. "What concerns me is there is probably no reason to arrest anybody for possession of marijuana in Marin County."...........Are we to assume that the police chiefs' concern stems from the rise of destructive and uncivil behavior that he presumes will accompany that lack of enforcement of marijuana laws? It's alot easier for me to believe that his concern stems from the fact that he no longer holds the power of incarceration over the heads of all those un-american dope-smoking hippie freaks. To protect and serve, Mr Green, and by arresting dope smokers, you do neither for anyone? Think public safety, not satisfying your own sensibilities. b well, j [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: