cannabisnews.com: Jury Deliberations To Begin in Pot Trial 





Jury Deliberations To Begin in Pot Trial 
Posted by FoM on April 18, 2001 at 09:26:04 PT
By Clark Mason, The Press Democrat
Source: Press Democrat
A Sonoma County jury will begin deliberating this morning in a pivotal case involving the distribution of medical marijuana, one of the issues left unresolved when California voters approved pot for medical use five years ago.The jury is being asked to determine if a Petaluma man who managed a San Francisco marijuana buyers club qualified as a caregiver to a large number of people -- 1,280 of them -- as the term caregiver is defined in the law.
The case also has political implications for Sonoma County District Attorney Mike Mullins and his San Francisco counterpart, Terence Hallinan, who have opposing views on buyers clubs and have been drawn into the trial.Prosecutor Carla Claeys told jurors in closing arguments that the case is "very, very important" and their decision could affect what will happen in Sonoma County and around the state for years to come.Defense attorney William Panzer said acquittal would send a message to critics of Proposition 215, the initiative that allowed medical use of marijuana with a doctor's approval."Send a message to Mr. Mullins," Panzer told jurors, adding they can send another "next year, when he runs for re-election."Panzer described defendants Kenneth E. Hayes and Michael S. Foley as "people who are helping sick and dying people pursuant to Prop. 215."Claeys portrayed Hayes as a man who profited by selling marijuana to the club where he worked as executive director. She described Foley, his co-worker and former roommate, as aiding and abetting him.The prosecutor said Hayes had little time to care individually for the 1,280 people who went to the club to get marijuana."A primary caregiver is someone who consistently cares for another person and knows what their needs are," Claeys said. "The law doesn't recognize a buyer-seller relationship."The seven-week trial took twice as long as Judge Robert Boyd estimated, and by the time the prosecution and defense rested, jurors actually applauded.It is the second Proposition 215 case to reach trial in Sonoma County this year. Both dealt with issues left unsettled by the 1996 medical marijuana initiative.In the first, a jury acquitted a man who mounted a medical defense after being charged with illegal cultivation of more than 100 marijuana plants.That's more than prosecutors considered appropriate for a medical user, but the law is silent on how much users may possess.The current case involves another ambiguous aspect of Proposition 215: the ability of caregivers to provide marijuana for medical users. The law permits that, but provides no further details.When he testified, Hayes acknowledged buying marijuana on the black market for sale at the club, but Claeys said records seized at his house indicated he was marking up the price.She said scales, packaging materials, a pound of hashish, more than 15 pounds of processed marijuana, a .22 caliber rifle and $3,700 in cash taken from the house were consistent with drug sales.The defense said the cash was largely from money stashed by Hayes' common-law wife and the rifle was used to guard the chickens from marauding raccoons.But the jury will have to make the distinction of whether Hayes was selling marijuana, which is illegal, or recovering his expenses for the marijuana, which courts have allowed caregivers to do."This is about money," Claeys told the jury, saying Proposition 215 "didn't contemplate setting up a business around marijuana."The prosecutor said the club kept sophisticated records of the number of grams of marijuana it sold each day, but Hayes had no records of the cost of his Petaluma marijuana farm and "testified off the top of his head as to costs."Over the course of the trial there was lengthy testimony about marijuana cultivation, yields and varieties, as well as detailed analysis of the costs of an 899-plant operation like Hayes had in his barn and six greenhouses off King Road.Members of Hayes' club testified and so did Hallinan.In her closing argument, Claeys said Hallinan visited the club in the city but knew little of what was happening in Petaluma."He may have been well intentioned," she said, "but he was uninformed and somewhat ignorant."In his closing argument, Panzer said the case was about "an incredible law that changed the course of a mighty river of jurisprudence that had run some 60 years" and allowed sick people to use marijuana without being branded criminals.He noted that Proposition 215 called for the state and federal governments to develop a plan to provide for the safe and affordable distribution of marijuana to patients in need, but "politicians have failed to do that."Note: At question is whether Petaluma man can be considered caregiver to 1,280. Source: Press Democrat, The (CA) Author: Clark Mason, The Press DemocratPublished: April 18, 2001Copyright: 2001 The Press Democrat Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/Petaluma Pot-Growing Case Draws To a Close http://cannabisnews.com/news/thread9396.shtmlPot Club's Leader Calls Self Caregiver http://cannabisnews.com/news/thread9322.shtml
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Comment #5 posted by Jeaneous on April 18, 2001 at 18:28:40 PT:
True true
I did receive an e-mail stating that it was unanimous(?) decision that took them only 5 hours to come to. Big step for the caregivers for the moment. At least these two people were released. But, in the back of my mind, I can see the damn supreme court come out tomorrow with some crap regarding "cannabis distribution centers". It is good news. So we must celebrate just a bit. Good going Billy Panzer!!!! Excellent people from NORML.
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Comment #4 posted by lookinside on April 18, 2001 at 18:15:28 PT:
it's true
my wife just recieved an email from the AMMA...the prosecutor closed arguments at 4:20...they ARE acquited...  hooray for sonoma county!
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Comment #3 posted by FoM on April 18, 2001 at 17:11:37 PT
Important Breaking E-Mail News 
I just received this in my email. I'm sure it's true but I needed to add that I haven't seen it in an article yet but will post one as soon as one is released! This is great news!AMMA: Hayes-Foley TrialKen Hayes and Michael Foley were acquitted today of ALL charges. We're all still crying and hugging the jurors. jane
Medical Marijuana Information Links
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Comment #2 posted by Dan Hillman on April 18, 2001 at 15:22:22 PT
Why is this case being tried anyway?
> The jury is being asked to determine if a Petaluma man who managed a San Francisco marijuana buyers club qualified as a caregiver to a large number of people -- 1,280 of them -- as the term caregiver is defined in the law. It seems to me that the more people he was serving, the more justified is his claim to the role of caregiver. But don't ask for logic from the war on some drugs.
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Comment #1 posted by Yojimbo on April 18, 2001 at 14:50:54 PT
Illegitimi non carborundum
That's a politician for you .. quite happy trying to score political points, even if it means ruining the lives of harmless, peaceful people who have been working to ease the pain and suffering of their sick neighbors.It sickens me to think of the number of good people sitting in prisons today because they had the bad luck to get in between some sleazy public prosecutor and his or her personal political ambitions.
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