cannabisnews.com: Pot Case Dropped on Prop. 215 Grounds Pot Case Dropped on Prop. 215 Grounds Posted by FoM on June 06, 2001 at 07:38:28 PT By Gus Thomson, Journal Staff Writer Source: Auburn Journal A Sierra College student's marijuana possession case was dismissed Tuesday on Proposition 215 grounds n but the defendant couldn't escape some advice from the judge who decided the case wouldn't proceed."Don't smoke dope son," Judge James Garbolino said as former defendant James Shelton stood up and prepared to leave the courtroom. "It's a sham and also a violation of federal law. You should also know that it's an entry-level drug to other things." Shelton, 20, had secured a doctor's recommendation to smoke marijuana to treat asthma and insomnia. The Garden Valley resident was charged with possession of under an ounce of pot after a Sierra College police officer found marijuana in a film canister in Shelton's pocket and a plastic bag containing cannabis in his vehicle.Garbolino read the doctor's recommendation before rejecting prosecutor Mike Paschon's request to take the case to trial. Paschon said the defense should have to prove that marijuana is a valid medical treatment. The U.S. Supreme Court ruled last month that there was no evidence marijuana has any valid medical use.Garbolino said he would dismiss the case because Shelton produced an apparently valid recommendation for marijuana use from a physician that predates the defendant's arrest and exempts him from prosecution. The judge added that he appreciated the prosecution's attempts to determine whether ingesting marijuana for asthma was a valid treatment."But I don't think it falls under the purview of the act," Garbolino said. Passed by California voters in 1996, Prop. 215 allows people to grow or possess marijuana if they have obtained a doctor's recommendation for medical use.Assistant Public Defender Richard Cohen, while declining to comment on the judge's advice to his client, said dismissal "represents the right thing to do.""It's the law and the district attorney and police should honor it," he said. "And the Supreme Court decision didn't rule on California law." Note: Student with doctor's recommendation counseled against drug use by judge.Source: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: June 6, 2001Copyright: 2001 Auburn JournalContact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Medicinal Cannabis Web Siteshttp://freedomtoexhale.com/research.htmCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by Pontifex on June 06, 2001 at 12:45:53 PT: Just Say Screw You "Don't smoke dope son," Judge James Garbolino said as former defendant James Shelton stood up and prepared to leave the courtroom. "It's a sham and also a violation of federal law..."I've was recently a college student. If any judge had levelled such patronizing slander at me, I would have gone straight home and organized a pot party.Who is this guy kidding?On the other hand, it's good to know that even clueless, interfering judges can't get around Prop. 215, now California law for five years. [ Post Comment ] Comment #2 posted by greenfox on June 06, 2001 at 12:02:20 PT Caffine... is a gateway drug. Then again, so is water.heh. The statistics tell whatever story they want you to hear....did you know 4 out of 5 tornados are DEADLY? :)-gf [ Post Comment ] Comment #1 posted by JJM on June 06, 2001 at 09:21:17 PT: The sham is the WoD Judge James Garbolino is either misinformed or lying.Almost NO ONE starts using marijuana without first trying alcohol or tobacco.Drug war is TREASONNote: narcosoft.com needs researchers and other contract workers to write articles and help distribute legal substances, delivery devices and software.please email helpwanted narcosoft.com for details narcosoft.com - "How big is your sack?" [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: