Pot is Back To Morro Owner

Pot is Back To Morro Owner
Posted by CN Staff on April 09, 2005 at 08:14:36 PT
By Leslie Griffy, The Tribune
Source: San Luis Obispo Tribune 
California -- Morro Bay police will return 75 pot plants to their rightful owner, but the plants aren't as leafy and green as the last time Robert Marshall saw them. Even though police confiscated Marshall's lights and other indoor growing equipment, they didn't nurture the plants."We don't have money or facilities to take care of them," said Morro Bay police Cmdr. Tim Olivas. "We end up pulling them (up) and waiting for trial."
When the trial date arrived five months later, a superior court judge decided Marshall is a primary caregiver for two patients and was growing the drug legally.Because he didn't break the law, the judge ruled Friday that Marshall can have his plants back -- not that it does him or his patients much good.Altogether, the now-dried marijuana spent seven months unattended in the evidence room and wasn't mature enough to be an effective drug when police pulled the plants out of the potting soil."There really is no guideline that says police have to keep the plants alive or tend to them," said Louis Koory, Marshall's attorney.Caregivers often end up in court because there is no standardized paperwork designating them as legal growers, said Dale Gieringer, California's coordinator for the marijuana legalization group National Organization for the Reform of Marijuana Laws. But, he added, it is not uncommon for police to return seized plants.Counties are supposed to set up registration systems for medical marijuana users and growers. But San Luis Obispo County, like many others, hasn't because the state Department of Health Services has not laid out guidelines for how registration should work.While the plants are dead, it could be a lot worse for Marshall's patients."It's not such a big setback because they were (grown) indoors," Gieringer said.It takes a lot less time to grow new plants to maturity that way and begin harvesting them.Note: But because police didn't have to tend it, it's no use to patients.Source: Tribune, The (CA)Author: Leslie Griffy, The TribunePublished: Saturday, April 9, 2005Copyright: 2005 The TribuneContact: letters thetribunenews.comWebsite: Article & Web Sites:California NORML Cannabis Research Links Judge Drops Pot Growing Charges Medical Marijuana Archives 
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Comment #9 posted by danimalman on April 12, 2005 at 11:15:10 PT:
Overwhelm Sam
While your example of a speeding cop killing an innocent bystander is correct in that the cop would not face criminal charges, his agency and jurisdiction (city, county or state) would still be liable for compensation in a civil suit.Such can be the case in confiscated medicine. If they are too busy to care for the plants, fine, then let them compensate the caregivers or patients with their monetary value.You know how they always liked to inflate the street value of confiscated non-medical herb? Well a civil suit for compensation of dead plants would probably result in a reversal of that practice.
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Comment #8 posted by Max Flowers on April 11, 2005 at 09:49:15 PT
San Luis Obispo
I have some friends who live in the SLO area and trust me, this is a BIG thing (cops there returning medicine to a patient). Cops in that area are some of the most militant in California.
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Comment #7 posted by siege on April 10, 2005 at 07:18:21 PT
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Comment #6 posted by OverwhelmSam on April 10, 2005 at 03:29:35 PT
The law enforcement community can literally get away with murder and not be held responsible because, We The People allow it. We have given them immunity.For instance, if a cop is chasing a guy with a out of date license plate, and the cop hits and kills an innocent pedestrian, the laws say it's okay because he killed the pedestrian in the line of duty and is not responsible for his actions. If we're speeding and hit a pedestrian, we can go to jail for manslaughter. This allows police to abuse their authority and have very little respect for the average American Citizen. This scenerio is slowing changing and law enforcement is being sued more and more often for their acts of indescretion like the one in this story.Overwhelm Uncle Sam
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Comment #5 posted by Taylor121 on April 09, 2005 at 16:09:51 PT
NH completely decrim failed
Responsible adults who use marijuana still at risk in New HampshireThe attempt by New Hampshire lawmakers to protect responsible, adult marijuana users from arrest and incarceration was thwarted late last week when H.B. 197 was called for a surprise roll call vote. Even though lead sponsor Representative Tim Robertson (D-Keene) was in the process of amending it, the bill was brought to the floor by House leadership, where it was voted down 295-60. While it's some consolation that at least 60 representatives oppose New Hampshire's current war on marijuana users, it is probably little solace to Republican Congressman Jeb Bradley's son, who was charged the next day with possession of marijuana found in a car he was driving. Bradley's son told police the marijuana was not his. Police say that based on "evidence," they are inclined to believe his story. Is the "evidence" they're referring to the fact that his father is a U.S. congressman? It appears that Bradley's son won't be convicted of the charge. If you believe that no responsible adult should be convicted for marijuana possession, please take a moment to urge your legislators to introduce a bill next session that will regulate marijuana similarly to alcohol. Sixty good votes makes for a decent start. But we need to get a majority. Please take a moment to write your legislators to urge them to introduce a bill next session that will regulate marijuana similarly to alcohol. Sixty good votes makes for a decent start. Next session we need a majority. (Click here to read the text of H.B. 197 as it now stands.) Further, if you are -- or know of -- a doctor, attorney, law enforcement officer, or another type of prominent public figure in New Hampshire willing to speak out on behalf of this bill at its upcoming committee hearing, please e-mail rgrim today. If you don't already receive MPP's free legislative alerts, click here to stay updated. Thank you for supporting the Marijuana Policy Project. Please tell others about this site so that even more voices can speak out for reform.
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Comment #4 posted by FoM on April 09, 2005 at 09:58:15 PT
I agree that would be so nice.
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Comment #3 posted by Richard Paul Zuckerm on April 09, 2005 at 09:51:05 PT:
Please be advised that on May 7, 2005, there will be a GLOBAL MARIJUANA MARCH? Please contact for more information?Richard Paul Zuckerman, Box 159, Metuchen, N.J., 08840-0159.
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Comment #2 posted by Truth on April 09, 2005 at 09:45:27 PT
It would be nice....
If cops were held to the same standards as the rest of us. If I went onto someone elses property and stole and distroyed their medicine I'd probably be locked up for it.Cops get a by.Why?
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Comment #1 posted by FoM on April 09, 2005 at 09:42:04 PT
Just a Note
I haven't been able to find any more news to post but that happens on the weekends. I'll keep looking for news though.I hope everyone has a great weekend. 
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