cannabisnews.com: Justices To Rule on Medical Pot Use Justices To Rule on Medical Pot Use Posted by FoM on March 15, 2001 at 12:24:22 PT By Sonia Giordani, The Recorder Source: Law.com Five years after voters passed Proposition 215 sanctioning medical marijuana use, the California Supreme Court agreed Wednesday to decide whether the law creates immunity from prosecution or only an affirmative defense once a person faces formal charges. The justices will also contemplate standards for law enforcement to determine how many plants a patient can have before prosecutors can file felony cultivation charges. "Each of the 58 counties has its own standards as to a threshold number of plants which a qualified patient may cultivate or possess before he or she becomes subject to prosecution, usually initiated by an arrest and/or confiscation of the 'excess' plants," wrote Richard Runcie, the Fresno attorney appointed to represent Myron Mower on appeal. Chief Justice Ronald George and Justices Stanley Mosk, Joyce Kennard, Kathryn Mickle Werdegar and Janice Rogers Brown voted to grant review. Mower of Tuolumne County is described in court records as a seriously ill, blind diabetic who has used marijuana to control his nausea and stimulate his appetite for more than 20 years. When he is unable to use marijuana, he is essentially bedridden and has uncontrolled vomiting. He requires several hospital stays each year, Runcie stated in his petition for review. Mower had been convicted for pot cultivation and placed on probation in 1993. After the Compassionate Use Act of 1996, law enforcement officials went to his home on at least two occasions - ultimately finding 31 marijuana plants. That was 28 more than the three-plant rule adopted in Tuolumne County allows. A Fifth District panel affirmed his conviction. Source: Law.com (CA)Author: Sonia Giordani, The RecorderPublished: March 15, 2001 Copyright: 2001 law.com Inc. Contact: ca-info corp.law.comWebsite: http://www.callaw.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by MegaStoner on March 15, 2001 at 22:05:54 PT Never a cop where/when you need one When I see stuff like this,,,it makes me mad.....But..I go beyond being mad,,into the realm of being really pissed,when I consider theabsurdity of using the legal system,going after some blind diabetic.The average citizen would FREAK in disbelief,if they knew how much law enforcement,and money wentinto prosecuting political crime and corruption,compared to such attempts to incarcerate a blinddiabetic....We need SWAT teams for political "no knock" raids to bust down the doors of the lyin',cheatin' politicians....When I win the lottery,,I will become Governor of California,and there will be lots of new facesin the prisons.After all the nonviolent drug offenders have been set free,the murderers and rapistswill be welcoming a bunch of new cellmates.These pink,chubby political and white collar crooks, will be facing a whole new set of mandatory minimums.,,,,,but then after my sons life is threatened,and I was offerred several million from the national bigwigs,,I would decide to become a Republican,and start "Plan Holland",in which $4.3 Billion would be allocated to eradicate the scourge of weed that plagues the Netherlands.After a failed marriage to robert weiners daughter,I would move to Uraguay,and change my name to Fleener,,,,,,and the story would end,with a news report of the political SWAT team finding me dead after a six hour high speed pursuit,that resulted in a standoff/hostage situation in a crackhouse in Compton.....cause of death:Marijuana overdose.According to the LA County Coroner,the 36 bullet wounds played no part in my death. [ Post Comment ] Comment #1 posted by Ethan Russo, MD on March 15, 2001 at 19:32:51 PT: Drug War Justified! "a seriously ill, blind diabetic"They are under-represented in the prison population. That would be the only reason to jail such a person, to meet a quota. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: