cannabisnews.com: Marijuana Advocate Testifies on Quantity Used





Marijuana Advocate Testifies on Quantity Used
Posted by FoM on January 26, 2001 at 11:38:56 PT
By Michael Coit, The Press Democrat 
Source: Press Democrat
Glaucoma has robbed Elvy Musikka of sight in one eye, but the national medical marijuana advocate told a jury Thursday she can still see because of a daily dose of sometimes a dozen or more marijuana cigarettes.As one of eight people still receiving marijuana under a now-defunct federal research program, Musikka's testimony about the quantity of marijuana she needs was aimed at helping a Santa Rosa man in Sonoma County's first medical marijuana trial.
Musikka receives enough marijuana grown on a federal pot farm in Mississippi to roll some 300 cigarettes a month. An eye doctor must check her condition every three months to ensure the marijuana still has health benefits."And even that does not always work," Musikka said. "Then I have to get a better batch and that does happen. I would be totally blind without it today."But Judge Robert Boyd would not allow Musikka to tell jurors about the quantities used by seven others who still receive the federal government's marijuana.Quantity is at issue in the trial of Alan MacFarlane because most California counties, including Sonoma, have no guidelines.While California voters in 1996 approved the use of medical marijuana for people with a doctor's approval, the measure didn't say where they could obtain it or how much they could use and grow.MacFarlane was charged with two counts of marijuana cultivation following two arrests in 1999.Deputy District Attorney Carla Claeys says MacFarlane abused approval given by his doctor to use medical marijuana by growing far more than he needed.MacFarlane contends the 73 plants he was growing at the time of his first arrest and the 36 plants he was growing at his second arrest were not excessive.He is a disabled Vietnam-era veteran who is recovering from thyroid cancer and says he uses marijuana to alleviate chronic pain and nausea.The defense used Musikka to counter testimony for the prosecution that federal officials estimate the average medical marijuana user needs about three cigarettes a day.Musikka, 61, said she smokes a minimum of 10 marijuana cigarettes a day and often smokes 12 to 15.Musikka entered the federal research program in 1988 after being acquitted on marijuana cultivation and possession charges in Florida. She has advocated for medical marijuana initiatives across the nation, including California's, and often testifies at trials. She moved to Orangevale, in Sacramento County, last fall.Outside Sonoma County Superior Court, Musikka said law enforcement officials downplay the quantities medical marijuana users often need."They don't want people to know because this kind of argument would go out the window," she said.Musikka said the quantity argument is used unfairly to prosecute people who know what amounts they need to cope with AIDS, cancer or eye diseases."Most of the doctors don't tell us how to use it because we know what we need because it varies," she said.But Musikka wasn't allowed to give evidence other than her direct use of medical marijuana.Defense attorney Sandy Feinland told the judge Musikka had direct evidence that others who receive supplies from the federal government also often use far more daily than the prosecution contends.Claeys objected and said Musikka had no written evidence that could be verified.Steven Gossett, the lead detective for the Sonoma County marijuana eradication program, testified Wednesday that MacFarlane was growing nearly twice as much as he needed for one year.The federal research program began in the mid-1970s but was shut down in 1992; federal officials have rejected appeals to reopen it.Testimony concluded Thursday, and the case went to the jury.Complete Title: Medical Marijuana Advocate Testifies on Quantity UsedYou can reach Staff Writer Michael Coit at 521-5470 or e-mail: mcoit pressdemocrat.comSource: Press Democrat, The (CA) Author: Michael Coit, The Press DemocratPublished: January 26, 2001Copyright: 2001 The Press Democrat Address: Letters Editor, P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Feedback: http://www.pressdemocrat.com/opinion/letform.htmlRelated Articles:Sonoma County Jury Begins Deliberations at Trialhttp://cannabisnews.com/news/thread8457.shtmlDetective Says Pot Exceeded Personal Need http://cannabisnews.com/news/thread8451.shtmlSonoma County Pot Trial Winding Down http://cannabisnews.com/news/thread8446.shtmlPot Not Excessive Amount, Witness Says http://cannabisnews.com/news/thread8436.shtml
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Comment #2 posted by Rev. Adler on January 29, 2001 at 10:49:16 PT:
Elvy Mussika 
Aloha from Paradise! I was part of the class action suit with Elvy in 1997 in Philadelphia and she showed me her cannister of pre-rolled joints. The "dirt" weed they give her and 7 others each month from the Mississippi farm is junk and they grow only every other year! She wanted to use our "volcanic organic medijuana" (TM) So do others at research facilities with DEA and FDA approvals. See www.medijuana.com for the rest of the story! Mahalos! Rev. Jonathan Adler
Hawaii Medical Marijuana
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Comment #1 posted by FoM on January 26, 2001 at 22:02:43 PT:
News Brief
No Verdict Yet in Sonoma County Medical Marijuana TrialBreaking NewsSource: KPIX Channel 5 Published: January 26, 2001Address: 855 Battery St.San Francisco, CA 94111-1597 Ph: (415) 362-5550 Fax: (415) 765 8844 Copyright: 2001 CBS Worldwide Inc. Website: http://www.kpix.com/A Sonoma County jury will return Monday morning to continue its deliberations in the trial of a Santa Rosa man charged with growing marijuana in excess of his medicinal needs. Late Friday afternoon the jury requested to have read back to them the testimony of Sonoma County Sheriff Department narcotics officer Steve Gossett. That testimony will be read back Monday at 9:30 a.m. in Superior Court Judge Robert Boyd's courtroom. Gossett testified that the plants confiscated from defendant Alan MacFarlane in May and August 1999 would have yielded almost 30 pounds of usable marijuana.A defense witness estimated the yield at between 7 and 8 pounds. MacFarlane, 47, claims he grew the marijuana with his physician's approval to treat continuing nausea, chronic pain and spasms following surgery for thyroid cancer in 1976. The district attorney's office contends the amount he grew was twice what he needed for one year. The trial is being watched by supporters of medical marijuana from throughout the Bay area. Sonoma County does not have limits on how much medical marijuana may be grown under provisions of Proposition 215 passed by voters in 1996.
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