cannabisnews.com: Pot-Return Order Angers Sheriff Pot-Return Order Angers Sheriff Posted by FoM on April 25, 2001 at 16:11:26 PT By Ignacio Ibarra, Arizona Daily Star Source: Arizona Daily Star Cochise County lowercourt judges have been instructed that they cannot order law enforcement authorities to return seized illegal drugs or other contraband to the people caught with such items. The instructions from Cochise's presiding judge followed a March 20 order issued by Douglas Justice of the Peace Michael Herbolich that required deputies to return 1.5 ounces of marijuana to a man, based on his possession of a medical marijuana program card issued by the state of Oregon. The order angered Cochise County Sheriff Larry Dever. Sheriff's deputies have since been instructed not to follow any future court orders to return seized drugs. Possession of that amount of marijuana is illegal even under the provisions of Oregon's Medical Marijuana Act, which allows registered users to possess up to an ounce of marijuana when traveling within the state. The state's Internet site also includes a notice that the medical marijuana program card is not valid outside Oregon. The order involved Frederic H. Starkweather, 56, of Gold Beach, Ore., who was detained by U.S. Customs inspectors at the Douglas Port of Entry March 19 as he walked back from Mexico. Federal authorities refused to prosecute the case, so the Sheriff's Department was called, and deputies took custody of Starkweather. Starkweather reportedly is still traveling in Arizona and could not be reached for comment. When contacted yesterday, Herbolich seem surprised by the reaction to his decision, but he expressed no regrets. "They pay me to make decisions, and I made a decision," he said. "I wasn't releasing a load to a mule," the judge said, referring to the term used for a person who smuggles drugs by carrying them in a backpack. "I was releasing medication to a sick man." He said he was not aware that the 41 grams of marijuana Starkweather had violated Oregon's medical marijuana law. In an April 6 letter to Superior Court Judge Stephen Desens, Dever wrote that he considered Herbolich's order an order to violate the law, and had he known of the situation at the time, "The marijuana would not have been released." Desens is the presiding judge over Cochise County's courts. Dever said yesterday that he has since spoken with Desens about the case. He said the judge assured him that this first-of-it's-kind court order in Cochise County would likely be the last unless Arizona law changes in regard to the medical use of marijuana. "We're just not going to give contraband to people, that's the bottom line," Dever said. "The last time I checked, in the state of Arizona it is still unlawful to possess marijuana, and it is also unlawful to transfer contraband. We're just not going to break the law." Desens said yesterday he agrees with Dever's position and he conveyed that opinion to the county's lower court judges on Friday. He said lack of clarity over Arizona's own situation regarding the use of marijuana for medical purposes may have contributed to the confusion in the case. At the time of his arrest, Starkweather declared other merchandise in his possession, including prescription medications, but he made no mention of the marijuana until the customs inspector asked him about what he was carrying in his right shirt pocket, which turned out to be the marijuana. He produced the program card and told inspectors he did not buy the drugs in Mexico. The following day, Herbolich found Starkweather not guilty of the charges and told him he could pick up his marijuana from the Sheriff's Department. But when Starkweather showed up at the sheriff's substation, a deputy balked and went to Herbolich to verify Starkweather's claim. When Herbolich confirmed that the marijuana was to be returned, the deputy insisted that the judge issue a court order. Even then, the deputy contacted his supervisors and the county attorney's office for instructions. He was advised to obey the court order. County Attorney Chris Roll said the deputy county attorney contacted that day gave the deputy the correct advice when he told him to obey the court order. He said the Legislature eventually will have to address the status of medical use of marijuana in Arizona. Voters in Arizona approved a medical marijuana law in 1996 that allows doctors to prescribe marijuana under certain conditions. So far, however, there has been no enabling legislation to put the law into effect. Note: JP told Cochise cops to give back drug to Oregonian in medical program.Source: Arizona Daily Star (AZ)Author: Ignacio Ibarra, Arizona Daily Star Published: April 25, 2001Copyright: 2001 Pulitzer Publishing Co.Contact: letters azstarnet.comWebsite: http://www.azstarnet.com/Related Articles:Judge Dismisses Charges Ordered Marijuana Returnedhttp://cannabisnews.com/news/thread9483.shtmlJudge Gives Marijuana Back To Man http://cannabisnews.com/news/thread9459.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by Charlie on April 26, 2001 at 04:46:33 PT Dan B.'s 2 cents... Dan, I must say, your 2 cents are usually worth 5 dollars to me. Your posts make lots of sense... (sorry for the punishment). [ Post Comment ] Comment #4 posted by Dan B on April 25, 2001 at 23:20:58 PT: In a Free Society, There would be No Contraband Every time I hear an American official using the term "contraband," my blood pressure rises. Aside from child pornography, I can think of nothing in American society that should be even remotely considered "contraband," (and even in that case, it should be called "evidence of a crime"). It just is not a term that should apply to property held by people in a free country, and it particularly does not belong as a reference to substances a person may use to either benefit or harm her or himself voluntarily.Just thought I'd add my 2 cents.Dan B [ Post Comment ] Comment #3 posted by Cuzn Buzz on April 25, 2001 at 20:50:48 PT: Toker Patrol As a matter of fact I know several police officers who toke.Cops are people too.When I was younger one of my best friends was a cop and he did his job but turned a blind eye to weed or dope in general IF the people were handling themselves.I've known of cases where he did not charge for drugs found when searching D.U.I. suspects, or when he had some poor kid he was having to arrest for traffic violations or warrants or the like.He was shot in the face (on duty) by a damn drunk and died.So it goes. [ Post Comment ] Comment #2 posted by lookinside on April 25, 2001 at 19:35:29 PT: sanity!! why hasn't the arizona legislature passed the neccessarylaws?...more stonewalling?..if so, i hope the voters inarizona put thru another proposition ASAP and throw out therecalcitrant legislators... [ Post Comment ] Comment #1 posted by Charlie on April 25, 2001 at 18:30:40 PT Police and Pot Does anyone know personally any police that have smoked pot?Come on, fess up...Indeed I know 2. But the whiz quizzes have since forced them to curtail the activity much to their dismay.Anthony Burgess's novel A Clockwork Orange rings a bell. Droogs that have managed to elude the law can later become LEOs. The govt is more interested in keeping the (who they perceive as) subversive/writer (albeit non-violent, us) underwraps than the real nasty criminals. They want a society based on fear, then they can protect us. They don't want a society based on truth, understanding, fairness, the pursuit of happiness... just my 2 cents... [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: