cannabisnews.com: Pair Innocent in Medical Pot Bust Pair Innocent in Medical Pot Bust Posted by FoM on April 19, 2001 at 15:03:36 PT By Dan Evans of The Examiner Staff Source: San Francisco Examiner A Sonoma County jury found two men charged with growing 899 marijuana plants for a San Francisco medical pot club innocent Wednesday afternoon. The jury found that Kenneth E. Hayes and Michael Foley -- former officers of Californians Helping Alleviate Medical Problems, or CHAMP -- innocent of charges of cultivating marijuana, possessing marijuana for sale and possession of hashish. Hayes attorney and Proposition 215 co-author Bill Panzer said the verdict shows how out of step Sonoma County District Attorney Michael Mullins is with people in the county. Despite the vagaries in the law, Panzer said, jurors told him after that they think centralized cannabis clubs are the best way to distribute marijuana to sick people. "Mr. Mullins can't see marijuana has medical value because he has his eyes closed," Panzer said. "He is out of step with his constituency, the people of this state, and the majority of the people in this country." Mullins, who refused to respond to Panzer's comments, agreed that the law is ambiguous, but said the only way to define it is to bring a case before a jury. He said he hoped the case will spur the state Legislature to pass clearer rules on distribution. The jury, made up of eight men and four women, took almost six hours to reach a verdict. Courtroom spectators applauded after the verdict was read. The trial lasted seven weeks. Attorneys for the men argued their clients had acted within the bounds of Prop. 215 in supplying the pot to CHAMP's 1,280 members. Sonoma County Deputy District Attorney Carla Claeys argued that Hayes and Foley grew the marijuana for profit. She said it was impossible for them to be the main caregivers for so many people. The unusual case, in which San Francisco District Attorney Terence Hallinan testified for the defense, is the second not guilty verdict in a medical marijuana case in the county this year. Alan MacFarline, a Sonoma County man who uses marijuana to alleviate the effects of his cancer treatment, was found innocent in January. Prosecutors failed to convince a jury that the 100 plants police seized -- which would have produced a harvest of 25 pounds of pot -- was too much for one person. MacFarline currently has a claim against the county for allowing his marijuana to become moldy in a police evidence locker. When Hallinan testified late last month, he said he monitored how the club was formed, and was satisfied Hayes qualified as a primary caregiver. Hallinan, a strong supporter of the medical marijuana law and cannabis clubs, also said outside court that the case would not have been brought in San Francisco. Sonoma County's Mullins has stated just as strongly that the clubs are illegal. Hayes, a former executive director of the club, and Foley, a former general manager, were arrested in May 1999 after investigators found 899 plants in a greenhouse near Petaluma. Also seized were 14 pounds of processed marijuana, more than a pound of hashish and $3,700 in cash. Source: San Francisco Examiner (CA)Author: Dan Evans of The Examiner StaffPublished: April 19, 2001Copyright: 2001 San Francisco ExaminerContact: letters examiner.comWebsite: http://www.examiner.com/Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/2 Acquitted in Medical Marijuana Case http://cannabisnews.com/news/thread9407.shtmlSonoma County Jury Acquits Medical Pot Farmers http://cannabisnews.com/news/thread9406.shtmlMen Arrested for Growing Pot Plants Acquitted http://cannabisnews.com/news/thread9401.shtml Hallinan Takes The Stand for Medical Pot Grower http://cannabisnews.com/news/thread9224.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by jAhn on April 19, 2001 at 17:30:04 PT Thanks for the Update, Dan B! C-Span (part 1)is airing the N.O.R.M.L. conference 4/19: 11:27pm and 4/20: 8:50am I hope everyone sets their Vcr's, Cspan is going to charge 30 bucks after! Have fun....Why can't we all just pack a bong? Then pass it along~!?!? [ Post Comment ] Comment #1 posted by Dan B on April 19, 2001 at 15:45:02 PT: More Good News! I just received this e-mail from Marijuana Policy Project (MPP) and thought I'd share it with everyone here at C-News. It's a spectacular turn of events here in the state of Texas.Here is the pertinent information:TO: Texas residentsFROM: Kat DeBurgh, MPP legislative analystDATE: Thursday, April 19, 2001SUBJECT: Progress made on bill to reduce status of marijuana offensesOne week ago, MPP urged Texas residents to write to their legislators about House Bill 1028, the bill that would remove the threat of incarceration for the possession of up to two ounces of marijuana. In that time, hundreds of letters have been sent through MPP's Web site.A 7-2 vote yesterday in the House Criminal Jurisprudence Committee approved HB 1028 to go to the House floor.Before the House votes on any bill, it must be placed on the calendar by the Calendars Committee. Several bills die every year because the Calendars Committee never lets the House hear them.To assure that HB 1028 receives a fair hearing in the House of Representatives, please visit http://www.mpp.org/TX to automatically send an e-mail to all members of the Calendars Committee, urging them to schedule a vote on this important bill.Also, if you have not done so already, please visit MPP's Texas Web site to send an e-mail to your own state representative, urging him or her to support the bill when it comes before the House.It is encouraging to see progress made so quickly on a bill to reduce penalties for simple marijuana possession. House Bill 513, the bill to allow seriously ill patients to use a medical necessity defense when charged with marijuana offenses, still awaits a vote in the House Criminal Jurisprudence Committee.Thank you for all your efforts to bring about reform in Texas. Continue visiting http://www.mpp.org/TX and reading these alerts for legislative updates and action items. As usual, please spread the word about marijuana policy reform by forwarding this alert widely to other Texas residents.(Me writing again):I don't think I need to point out that this is a major step forward. I honestly did not think this bill would make it past the committee, let alone pass by such a huge margin. We could be headed for some major changes in this state. The wording of the bill is significant, particularly the rationale for it, which is that it will save Texas millions of dollars each year, peaking after five years at over $40 million per year. This is what the politicians understand: money. There is still much work to be done. Please, if you live in Texas, send a letter supporting this bill to your state representatives. You can do so with a visit to the MPP website for the state of Texas: http://www.mpp.org/TX(Note: for the MPP website for your state, replace "TX" with the two-letter postal abbreviation for your state in the above web address).Dan B Main MPP Site [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: