cannabisnews.com: Medicinal-Pot Case Goes Round and Round





Medicinal-Pot Case Goes Round and Round
Posted by FoM on January 20, 2001 at 08:06:22 PT
By J. Harry Jones, Staff Writer 
Source: Union Tribune
Drug charges against four people connected with a defunct medicinal marijuana clinic in Hillcrest were dismissed yesterday -- again.In what has become a game of judicial pingpong, San Diego Superior Court Judge Michael Wellington ruled that Judge William Mudd was correct in dismissing the charges "in the interest of justice" several months ago.
Mudd ruled Sept. 5 that clinic workers had done everything they could to abide by a change in state law legalizing the use of marijuana for medicinal purposes, which he said is hopelessly convoluted.But Mudd was reversed in November by another judge, Howard Shore, who said Mudd "abused his discretion" by dismissing the case.Mudd was then forced to reluctantly resume hearing the case and ordered the defendants to stand trial.But yesterday Wellington said Mudd was within his rights to dismiss the case. He also found that the workers had been denied their legal rights in the judicial tug of war and he dismissed the charges."For the moment, we are in the driver's seat," said Michael McCabe, lead attorney for the clinic workers.Deputy District Attorney Josephine Kiernan said the decision will be appealed. "We've had three judges give three different rulings," Kiernan said. "Now we'll ask an (appellate court) panel of three judges to decide the case."The case revolves around Proposition 215, a 1996 measure legalizing 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.The Hillcrest clinic had been in operation for almost two years when police shut it down in April. Five clinic workers were arrested after police recruited someone to make undercover purchases of marijuana totaling $400. Charges against one of the workers were dismissed by Mudd on separate grounds in September.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.Clinic officials twice refused to sell to the deputy, first because she didn't have a doctor's recommendation and then because she presented a recommendation from a nonexistent doctor.The defendants were Carolyn Konow and her son, Steven Rohr, co-owners of the clinic, and Amy Toosley and Daniel O'Neil, who worked there. All faced marijuana sale and possession-for-sale charges that carry a maximum six-year prison sentence upon conviction.Complete Title: Medicinal-Pot Case Goes Round and Round; New Judge Dismisses ChargesSource: San Diego Union Tribune (CA)Author: J. Harry Jones, Staff Writer Published: January 20, 2001 Copyright: 2001 Union-Tribune Publishing Co.Address: PO Box 120191, San Diego, CA, 92112-0191Fax: (619) 293-1440Contact: letters uniontrib.comWebsite: http://www.uniontrib.com/Related Articles:4 From Pot Clinic To Face Charges Again http://cannabisnews.com/news/7/thread7517.shtmlCase Against Pot Clinic Staff is Thrown Out http://cannabisnews.com/news/6/thread6953.shtml Police Close Down Medical Marijuana Provider http://cannabisnews.com/news/5/thread5450.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #1 posted by meagain on January 20, 2001 at 14:11:16 PT
hoooray
I think this means the courts are going to uphold prop 215?? Three cheers!
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