cannabisnews.com: Medical Marijuana Use Tangles Courts Medical Marijuana Use Tangles Courts Posted by FoM on March 19, 2001 at 08:36:31 PT By Maline Hazle, Record Searchlight Source: Record Searchlight Lawsuits and legal actions alleging abuses under California's Compassionate Use Act are becoming more common as medical marijuana users continue to balk at what they say are arbitrary rules enforced by local anti-drug warriors.At the same time, more medical marijuana users appear to be fighting against criminal charges, rather then settling for reduced charges. Already one district attorney, Paula Kamena of Marin County, faces a May 22 recall election over her allegedly "inhumane" interpretation of Proposition 215, approved by voters in 1996.At least three other district attorneys, including Shasta County's McGregor Scott, are unofficial recall targets named by the American Medical Marijuana Association, which helped get the Kamena recall onto the ballot.Jay Cavanaugh, the nonprofit group's Los Angeles coordinator, helped orchestrate the Kamena recall vote — and helped target Scott and district attorneys in Placer, El Dorado, Sonoma and Calavaras counties.Sonoma and Calavaras have, at least temporarily, been dropped from the list because "opportunities have arisen for productive talks, we hope," Cavanaugh said. "We don't want to spend the money unless their behavior can't be changed any other way."In Shasta County, Scott, Sheriff Jim Pope and other county officials face two lawsuits. Tehama County Sheriff Clay Parker and that county were sued last year on behalf of seven medical marijuana patients whose crops were confiscated and destroyed in 1999.Even more suits — at least nine — are pending in Placer County, where drug agents allegedly planned raids after staking out the parking lot of a Sacramento gardening supply store that specializes in hydroponics and organics.Placer County drug agents are accused of recording license plates belonging to store customers, then tracing their owners through the state Department of Motor Vehicles.Armed with addresses, the investigators checked power usage records; and armed with warrants based on allegedly fabricated evidence, raided at least 70 homes suspected of housing secret marijuana gardens or stashes.Among those busted were Michael Baldwin, a Rocklin dentist, and his wife, both of whom had recommendations for medical marijuana use.In 1999 a jury deadlocked on the charges against the couple, but Placer County District Attorney Bradford Fenocchio said they would be prosecuted again.Then a highly publicized trial against former Libertarian gubernatorial candidate Steve Kubby and his wife resulted in a jury that hung 11-1 against conviction on marijuana-growing charges, but convicted Steve Kubby on possession of minute amounts of psilocybin and mescaline found during a 1999 search of his home.On March 2, a Placer County Superior Court judge reduced those charges to misdemeanors and dismissed remaining pot charges at the district attorney's request.At the same time, Fenocchio filed a motion to block the Baldwins' retrial.Those actions prompted the American Medical Marijuana Association to scale back their recall push, Cavanaugh said.The Shasta Patients' Alliance touted criminal court victories last week, too, after Superior Court Judge Richard McEachen issued a tentative dismissal of charges against Josh Bushey and Thomas Ladewig, both of Anderson.Last year Ladewig was the driver of a van carrying Frank Port, an Anderson medical marijuana user disabled by skeletal birth defects, and Port's caregiver, Bushey.When stopped by Redding police the three were carrying 24 marijuana plants that they said they intended to plant for Port and another patient.Marijuana possession charges against Port, who is confined to a wheelchair, were dismissed last summer; but Ladewig and Bushey, charged with marijuana trafficking, were to be tried separately.McEachen ordered the charges dropped if the men are not arrested during the next year.Wednesday, Craig Bateman of Redding agreed to plead guilty to driving under the influence of marijuana. Superior Court Judge Gregory Caskey ordered that 37 grams of marijuana and $11,000 seized from Bateman last year be returned.Bateman, who carried an Oregon medical marijuana recommendation, was moving to California and carrying proceeds from a real estate sale when stopped by the California Highway Patrol.Charges of possession and transportation of marijuana for sale were dropped after Bateman's Oregon doctor testified that he is a legitimate medical marijuana user.District attorneys, police and deputies blame Proposition 215's "vagueness" for their enforcement problems. The law set no limits on the number of plants a patient can grow or possess, nor on the size of the plants.On Feb. 7 state Sen. John Vasconcellos, D-Santa Clara, reintroduced a bill that would specify amounts allowed and establish a statewide registration system for medical marijuana users.Similar proposed legislation died last year.On Wednesday, the California Supreme Court agreed to decide whether Proposition 215 creates automatic immunity from prosecution or can only be offered as a defense once a person is charged.The justices also will consider standards for determining how many plants a patient can have before felony cultivation charges can be filed. Note: Licensed users battle often with law enforcement. Reporter Maline Hazle can be reached at: mhazle redding.comSource: Redding Record Searchlight (CA)Author: Maline Hazle, Record SearchlightPublished: Saturday, March 19, 2001 Address: PO Box 492397, Redding, CA 96049-2397 Copyright: 2001 Redding Record Searchlight - E.W. Scripps Contact: letters redding.com Website: http://www.redding.com/ Related Articles:Marijuana Suit Claims Search Abuse http://cannabisnews.com/news/thread9046.shtmlLevins Sue Over Pot Arresthttp://cannabisnews.com/news/thread4758.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by Austin on March 19, 2001 at 21:47:41 PT Enforcement ? Why? They blame prop 215 for enforcement problems , the rear problem is these narkkks are harassing sick people . Prop 215 sets no limits for a reason . Do you think the people that drafted the law were well informed in this field . The narkkks base everything on lies and propaganda. Look where its geting them . Right D(umb)A(ss) karmena? [ Post Comment ] Comment #4 posted by dddd on March 19, 2001 at 10:46:10 PT Bellbottoms,Haight Ashbury FoM,,I liked your comment concerning California as a trendsetter.It made mesortof proud to be a native West coaster....It's most unfortunate however,thatin todays weird law 'FORCEMENT ' climate,they would have figured out a way tooutlaw tie-dyes,bellbottoms,and inscence.I was born in Seattle,and I dont even thinkthat the Space Needle would be legal nowdays,unless it was a Disney,or GE project.Does anyone know where the last "Worlds Fair" was,,,The Space Needle was builtfor the Worlds Fair in Seattle in 1962....Those were the days.California is like everywhere else nowdays.The federal overlords have staged a successful coupover the states,,,,When I say "states",,I dont just mean one of the 50,,,I include 'states' of mind,and 'states' of conciousness.........JAH is no secret......................................dddd [ Post Comment ] Comment #3 posted by J.R. Bob Dobbs on March 19, 2001 at 10:20:53 PT Hold 'Em By The Nose And Kick 'Em In The A$$ Not to quibble, but the headline for this article is all wrong. Medical Marijuana use does not tangle the courts. Marijuana prohibition tangles the courts. End marijuana prohibition, not medical marijuana use, for the courts to be free again - and the rest of us too! Have you faxed G.W. yet? [ Post Comment ] Comment #2 posted by FoM on March 19, 2001 at 09:44:52 PT My Opinion Hi kaptinemo,The reason I have always tried to keep up with California Marijuana news is because California is the leader in the Nation as far as changing things. Even clothing fashions finally make it back east that start out west in a few years. I believe the Supreme Court case coming up will have far reaching effects. It very well could be the beginning of the end to at least medical marijuana prohibition. I sure hope I'm thinking correctly. [ Post Comment ] Comment #1 posted by kaptinemo on March 19, 2001 at 09:30:59 PT: Right ...between... their... eyes For the longest time, the local LE edifice out there have had a field day, trying to pretend that they can still still play fast and loose with a law that the people of California have passed. They thought they could do so because they had the backing of the Feds. But now look at what's happening. Are the Feds rushing to the aid and comnfort of their catspaws? Nope, they are waiting for the Supreme Court to decide upon MMJ.Which means, for the first time, for a limited time, the playing field is finally, truly level.A window of opportunity has opened here. The time to strike the political blow is now, while the Feds have a foot in a bucket of procedural cement. They are unwilling to come to the rescue of Kamena and the others because of the firestorm that would erupt over the Feds becoming very overtly involved in what is essentially a State's Rights issue. At this point, a successful recall of Kamena (hell, just the threat has proven enough; witness how fast Lockyer quit dithering and started to act like a California State civil servant instead of a Federal one) will 'send a message' of our own that we are to be trifled with no longer. And to believe otherwise is to risk your paycheck. And possibly your freedom; they have broken laws, people. What's sauce for the goose will turn out to be hollandaise for the gander; why shouldn't they go to prison, as they have sent so many of our friends?You folks out in California have an incredible opportunity to put a shoe in the works of the antis, and give them the bloody nose they have been taunting us to give them for years. Please don't stop. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: