cannabisnews.com: Sheriff Rejects Judge's Order To Return Pot Sheriff Rejects Judge's Order To Return Pot Posted by FoM on March 30, 2001 at 21:40:02 PT By Rhonda Parker, The Times-Standard Source: Times-Standard Humboldt County Sheriff Dennis Lewis is defying Superior Court Judge Bruce Watson's order to return medical marijuana seized about two years ago from a Garberville man. "My position is that a state judge cannot order me to violate a federal law," Lewis said Thursday. "And that's the basis we're proceeding on." Watson signed an order in January stating the Sheriff's Department must return the marijuana to Chris Robert Giaque, a medical marijuana patient whose approximately 1-ounce stash was seized during a traffic stop in April 1999.When Giaque went to pick up his marijuana earlier this month, Giaque's attorney Russ Clanton said, the Sheriff's Department refused to give it back. Clanton then sent his investigator to the Sheriff's Department. He was told that on orders from the sheriff, the marijuana was not to be returned.Now Clanton wants Lewis to be held in contempt of court."The sheriff's intransigence appears to be rooted in political distaste for the type of property ordered returned, and the legislation which compels it," Clanton stated in an "order to show cause" filed this week. "These are not valid reasons for refusing to obey a court order. ... No one is above the law, and it is particularly important that those charged with enforcing the law uphold it themselves."Lewis noted that the issue of state versus federal marijuana law is "currently, in fact today, before the federal Supreme Court. Hopefully we'll get some court clarification on this."The County Counsel's Office hired an attorney to represent the Sheriff's Department during last year's local court battle over whether the marijuana should be returned to Giaque.Watson ultimately ruled federal law does not pre-empt California voters from approving the medical use of marijuana, and that under state Proposition 215 "some level of transportation must be contemplated."Cliff Mitchell, the attorney representing the county, had argued that under federal law marijuana is not legal property. He also contended state Proposition 215 applies only to possession of marijuana and not transportation.Watson's ruling specified that the very small amount Giaque was transporting "would come within that permitted."Giaque also is battling the Sheriff's Department over its seizure of 84 large marijuana plants he was growing near Garberville. The plants were confiscated in August. Giaque claimed he was growing the pot for himself and several other medical marijuana patients.The dispute over the 84 plants has not gone to court.Source: Times-Standard (CA)Author: Rhonda Parker, The Times-StandardPublished: March 30, 2001Copyright: 2001 The Times-StandardAddress: 930 Sixth St. Eureka, CA 95501Contact: letters times-standard.comWebsite: http://www.times-standard.com/Related Article:Judge Orders Return of Marijuana http://cannabisnews.com/news/thread8029.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #11 posted by Ben Cohn on March 31, 2001 at 17:49:52 PT: Sheriff Lewis doesn't know his own laws! May I quote the estimable Steve Kubby:"The California Constitution, Article III, Section 3.5, is crystal clear about your obligation to enforce state law, not federal law. In fact, theCalifornia Constitution specifically says it is illegal NOT to enforce alaw, simply because it is presumed to conflict with federal law:'An administrative agency, including an administrative agency created by theConstitution or an initiative statute, has no power. . .To declare a statuteunenforceable, or to refuse to enforce a statute on the basis that federallaw or federal regulations prohibit the enforcement of such statute unlessan appellate court has made a determination that the enforcement of suchstatute is prohibited by federal law or federal regulations.'You can't justify refusing to allow sick people to use their legal medicinebecause of any federal law, so please stop making such misleadingstatements."Sheriff Lews should spend some time boning up on California Law. Maybe 30 days for contempt of court would give him some nice quiet reading time.BC [ Post Comment ] Comment #10 posted by military officer guy on March 31, 2001 at 12:54:24 PT vote libertarian!!! that's the answer, vote libertarian in ever election from now on...we can win this war... [ Post Comment ] Comment #9 posted by Shausha on March 31, 2001 at 11:28:57 PT Thought Yes, this is ignorance, I hope they raid their station and get the pot back and give it to the sick people! This is just sick. See how they like a violent no knock entry for some harmless drug. Well do ya punks? [ Post Comment ] Comment #8 posted by fivepounder on March 31, 2001 at 07:17:03 PT Our pig of a sherriff I know this dude. I am sure he is going to fight this BS. Our sherriff is an adament asshole, and Dennis Lewis I mean YOU- you fascist f**king pig. His days are numbered. He managed to get reelected once and comes up again in '02. He is the same pig that justified the pepper spraying in our representative's office 2-3 years ago. [ Post Comment ] Comment #7 posted by kaptinemo on March 31, 2001 at 05:20:56 PT: Here it is, the showdown come at last Humboldt County Sheriff Dennis Lewis is defying Superior Court Judge Bruce Watson's order to return medical marijuana seized about two years ago from a Garberville man. "My position is that a state judge cannot order me to violate a federal law," Lewis said Thursday. "And that's the basis we're proceeding on."But is Sheriff Lewis a Federal agent?The shocking answer is: for all intents and purposes, yes. And here's why: Anyone who has been reading here for some time will know that I have been warning about how local control of law enforcement has been slowly eroded over the years through the Federal anti-drug programs. Those programs require accountability on the part of local law enforcement. Local law enforcement does indeed have a Federal quota set up, requiring them to make so many drug busts to order to keep all that lovely taxpayer's money coming in.Think of it this way. You have a guard dog. The guard dog is only supposed to obey your commands. But you only feed the guard dog Kibbles and Bits, because that's all you can afford.But your neighbor wants to control your dog. So he feeds the dog lots of hamburger and cube steak. Strokes it and pets it and tells it that it would make a very fine guard dog - for him. Very soon, the dog's loyalty is transferred to your neighbor...who, when the moment of truth arrives, siccs the dog on you.It used to be that to control local LEO's from getting into mischief, you kept them on a tight budgetary leash. But that leash is now in the hands of the Feds, not the States or localities. Federal taxpayer handouts have eroded local control of LEO's to the point that their loyalties have changed...they are now the Feds' guard dogs. And they are being used as attack dogs against their own commuunities. They have become, in essence, Federal agents in everything but name.The incredible danger to Constitutional liberties is so evident a blind man could see it. The 9th and 10th Amendments to the Constitution were quite clear, and the Feds with their taxpayer funded handouts, have been going around and behind them for years. Sheriff Lewis's bald-faced arrogant defiance of a court order and the subsequent violation of his own oath to uphold the laws of his county and State are proof positive of just how far this has gone. In and of itself, it warrants a lawsuit and a hearing before the Supremes. Because this is leading towards the very thing the Framers sought to avoid, and specifically enjoined against: a Federal police force that would supercede all local control.Because other nations down through history have played with this particular brand of fire, before - and paid the same terrible price. Because when such police forces are controlled via politically motivated partisanship, as they always devolve into, they always wind up turning against their own people.Don't believe me? Then let me ask you: Children, can you say Geheime Stadtspolizei? No? Too much of a mouthful? Okay, lets shorten it to the common phrase:GESTAPO! [ Post Comment ] Comment #6 posted by Cuzn Buzz on March 31, 2001 at 05:10:47 PT: COPS vs PIGS Hmmm. We have peace officers, and we have pigs. Any guess as to which the citizens of Humbolt county have in office for sheriff?Looks like it's time for another recall election out in California.When are these miscreants going to learn....it's not nice to fool with Mother Nature....let alone subvert the will of the people. Hopes are that it won't be long before the pig in this story is sitting in a jail cell contemplating his unemployment claim.We are winning! [ Post Comment ] Comment #5 posted by MikeEEEEE on March 31, 2001 at 04:14:13 PT Stupid Policy My friends, they're putting obstacles in the way of freedom. The fight isn't over yet, freedom aways wins. [ Post Comment ] Comment #4 posted by cop killer on March 31, 2001 at 00:53:57 PT LOOK I FUCKIN HATE COPS [ Post Comment ] Comment #3 posted by sm247 on March 30, 2001 at 23:44:30 PT correction This poll is being done by the news-sentinel they have it on their website also !!! http://www.news-sentinel.com/ns/ [ Post Comment ] Comment #2 posted by MDG on March 30, 2001 at 23:44:17 PT The more this crap happens... ...the more the police help our cause. There are many prosecutors that defy voter will, but would they dare defy a direct court order? This guy's seriously asking for it. This has to be some sort of publicity stunt. It can only backfire. County Sheriff defying court order to return medical marijuana to patient. Nice.Mike... [ Post Comment ] Comment #1 posted by sm247 on March 30, 2001 at 22:22:48 PT poll the Journel Gazette is doing a poll Their question is ... "Should the Supreme Court approve the use of marijuana for medicinal purposes?" please call 219-424-1414 ext. 1893 then press 1 for yes or 2 for no after which you may leave a brief comment please include some goooood addy's like cannabisnews.com or www.pot-tv.net norml.org .... be sure an say hi to Harry too !!!!!!! This poll ends at 8am monday EST [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: