cannabisnews.com: Court Case To Test How Much is Too Much Marijuana










  Court Case To Test How Much is Too Much Marijuana

Posted by FoM on January 29, 2001 at 14:23:14 PT
By The Associated Press 
Source: BayArea.com 

A man who grew nearly 100 marijuana plants he said were necessary to alleviate pain from his thyroid cancer was found innocent Monday of growing marijuana in excess of his medicinal needs.The nine-woman, three-man jury found 47-year-old Alan MacFarlane not guilty of two counts of cultivation of marijuana and one count of possession of psychedelic mushrooms.
MacFarlane was arrested during two raids on his Santa Rosa home. In May 1999, sheriff's deputies discovered 72 marijuana plants at his home. During another visit in August 1999 they found 36 more and promptly uprooted them.Sonoma County District Attorney Mike Mullins blamed Proposition 215 for failing to specify exactly how much marijuana patients can use and where they should obtain it from.MacFarlane's attorney had argued that people who qualify for medical marijuana have no idea what limits exist on their crop cultivation. In fact, no limits have been defined.Californians passed Proposition 215 in 1996. The law allows possession, cultivation and use of marijuana for medicinal purposes. Implementation of the measure has proven difficult, however, as lawmakers struggle to agree on guidelines for prescribing and distributing the drug.Last month a Hesperia man went to court to get his confiscated marijuana plants back from the San Bernardino Sheriff's Department. Wayne Hobbs' 162 pot plants were confiscated after authorities found them while responding to a burglar alarm at his house.Source: Associated PressPublished: January 29, 2001Copyright: 2001 Associated PressRelated Articles:SR Man Acquitted in Medical Marijuana Casehttp://cannabisnews.com/news/thread8499.shtmlSonoma County Jury Begins Deliberations at Trialhttp://cannabisnews.com/news/thread8457.shtml

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Comment #8 posted by Dr. Ganj on January 30, 2001 at 20:25:52 PT
Take Them To Trial!
As I predicted, Mr. MacFarlane was acquitted. This was because there are too many reasons to have a lot of plants, and no legal limit set by Prop 215 voted in by the people of California back in 1996.Consider all the variables associated with the cultivation of anything, and we see prosecutors can't just say, oh 10 plants should suffice for a patient. In fact, having no limit is far better, as there are some people suffering with debilitating diseases, and only certain strains of marijuana are effective in treating their symptoms.FINDING the right strain is the trick here. Since there are thousands of strains of marijuana, each with its own unique combination of THC and CBD related molecules, we have an obligation to name and categorize each one, and apply them according to a particular disease, and the treatment of them.For instance, an equatorial sativa strain might ameliorate severe migraine, but might be totally ineffective against alleviating chronic neck pain. Many of the medical marijuana patients know this quite well, and try to find/buy/grow a strain of marijuana that helps them the best.Also, consider if a person wants to only grow one time, but grows enough medicine to last a year. What's too much in that scenario? How about no limit? Say that person grows a beautiful crop, and there's enough to share? Enough to help other sick people? Maybe sell a little to the cannabis clubs to offset the growing expenses? Well folks, welcome to the Bay Area, and that's EXACTLY what's happening right now. There are THOUSANDS of people with doctor's recommendations for a variety of ailments- including migraines, MS, AIDS, chronic pain, cancer, and even depression. That's right, marijuana is great for depression!So, back to Mr. MacFarlane's trial. He should be really proud, as he exercised his rights, and a jury of his peers realized there is NO LIMIT in 215. It was that simple.The next case we see might have 1,000 plants, but the outcome will be the same- acquitted. Acquitted because we have the right to seek herbal treatment of our illnesses. If that means searching for a special plant out of hundreds, than so be it. We deserve at least that, and we deserve to left alone. To be left alone in our wonderful marijuana garden. That is what is right.Dr. Ganj    
http://www.champsf.org
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Comment #7 posted by Mari on January 29, 2001 at 21:00:11 PT
Mushrooms
In the cases in Calif. some times the cops find a type of 'magic mushroom' that grows wild all over there.They pick them from the yard and claim "possession"!
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Comment #6 posted by nl5x on January 29, 2001 at 17:31:56 PT
oakland guidelines
i think cali should vote an adm. to 215 to reconize the oakland guidelines.The Oakland City Council late Tuesday approved a policy directing police not to target individuals or confiscate their marijuana if it falls within guidelines set by the city. Those guidelines, the broadest set down since California voters in 1996 approved a state law allowing medical use of marijuana, say patients with a valid doctor’s prescription may keep 30 outdoor marijuana plants, 48 indoor plants or 1.5 pounds of bulk marijuana. Oakland officials say the amounts were intended to allow patients a three month supply of marijuana and were established on the basis of U.S. Food and Drug Administration tests on the drug that ration users to ten marijuana cigarettes per day. 
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Comment #5 posted by romper on January 29, 2001 at 16:59:02 PT

vicory
will soon be ours and people like BENNET will be on trial for war crime and they will be the outcast not the recreational pot smoker.
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Comment #4 posted by Robbie on January 29, 2001 at 16:36:44 PT:

Allright!
Hooray for Mr. McFarlane! Maybe this case will make LEO stop and turn around when they want to bust a medipot user, at least in the Bay Area. Hey, maybe I should go get a card and start a little garden.
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Comment #3 posted by fivepounder on January 29, 2001 at 16:06:01 PT

Once again we win, they lose. 
Right on Dave from Frorida, WE DON'T NEED NO STINKING LIMITS!! And let me get a hit on that big spliff.... 
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Comment #2 posted by Dave in Florida on January 29, 2001 at 15:22:44 PT

You have to many drugs!
If you have more than 1 bottle of asprin, you need to get rid of it. More than one bottle is too much for personal use. You must be selling it. You need to be in jail for using too much asprin.>In fact, no limits have been defined.We don't need no stinking limits...
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Comment #1 posted by observer on January 29, 2001 at 14:57:26 PT

Tested, Again
Court Case To Test How Much is Too Much Marijuana"To" test? ... It was just testED, past tense. (The news must still be sinking in for the poor AP writer.) Tested. Like in the Kubby trial. Neigher defendant had had "too much": the juries found them not guilty on that question.... The nine-woman, three-man jury found 47-year-old Alan MacFarlane not guilty of two counts of cultivation of marijuana and one count of possession of psychedelic mushrooms.Is it standard operating procedure in medipot grow cases in California, for the cops to reach into the evidence locker, pull out a microscopic piece of "psychedelic mushroom" from some other bust, and say, "Oh, Oh! He's a REACREATIONAL DRUGGIE! See? We found PSYCHEDELIC MUSHROOMS! That proves it!", in an attempt to undermine the defense's medical case? That's what it looks like.  I'm glad the California juries are starting to see though that police state tactic, too. Anything to retain power and control over you... 
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