California Patrol Won’t Seize Marijuana Used as Medicine
The News Review:
- California Patrol Won’t Seize Marijuana Used as Medicine
- Art Garfunkel charged with marijuana possession
- Pledge to close ‘cannabis cafe’
- Medical marijuana confiscated
California Patrol Won’t Seize Marijuana Used as Medicine
New York Times – Aug 30, 2005
The new policy, by the California Highway Patrol, states that an ”individual is to be released and the marijuana is not to be seized” if the person qualifies under state law to possess marijuana for medicinal purposes. It also says that officers ”shall not conduct traffic enforcement stops for the primary purpose of drug interdiction” involving the authorized use of medical marijuana. Though data on arrests is incomplete, medical marijuana advocates say the highway patrol had been responsible for more arrests of patients and caregivers than any other agency in the state. A spokesman for the highway patrol said on Monday that the new rules were issued last week in response to a ruling by the United States Supreme Court in June and legal action by Americans for Safe Access, an advocacy group based here in Oakland that sought a court order against the highway patrol’s previous policy of arresting patients and confiscating their marijuana. ”There were numerous field inquiries in response to the Supreme Court ruling,” said the spokesman, Lt. ”They wanted clarification of the law, and we wanted to make sure all of our officers are on the same page…
”It gives us renewed confidence that it is appropriate to bring these cases to court and that good things can come from doing so,” said Joe Elford, a lawyer for Americans for Safe Access, adding that the group would file more lawsuits if the highway patrol ”model is not replicated” across the state. The Supreme Court, in Gonzales v. Raich, declared in June that medical marijuana patients are subject to federal prosecution even if they live in a state that allows medicinal uses of marijuana. The decision dealt a blow to medical marijuana users around the country, but it did not overturn laws in 12 states, including California, that allow some uses of marijuana. Though voters approved California’s medical marijuana law in 1996, it was only after the Supreme Court ruling that the highway patrol got sufficient legal guidance from the state to relax its enforcement, Lieutenant Whiteford said. ”There was a lot of ambiguity in the law,” he said, ”so basically it made it a little tough for law enforcement to come up with a solid policy to enforce it. ” A spokeswoman for Attorney General Bill Lockyer said Mr.
Art Garfunkel charged with marijuana possession
USA Today – Aug 30, 2005
He was issued a ticket and is due back in Woodstock Town Court on Sept. In January 2004, Garfunkel was charged with marijuana possession after state police stopped his limousine for speeding in the Ulster County town of Hurley, which is near Woodstock some 55 miles southwest of Albany. During that stop, police found a small amount of pot in Garfunkel’s jacket. The next month, he pleaded guilty and paid $200 in fines. Garfunkel, who with Paul Simon made up the legendary duo Simon and Garfunkel, produced a string of hits in the 1960s, including The Sound of Silence, Mrs. Robinson, Old Friends and The 59th Street Bridge Song (Feelin’ Groovy).
Pledge to close ‘cannabis cafe’
BBC News – Aug 30, 2005
Three people were arrested and bailed on suspicion of supplying a controlled drug after 40 officers raided the premises in Victoria Road on 11 August. A large amount of what was believed to have been cannabis was seized, but the cafe has since reopened. Ch Insp Jason Taylor said they were working with the local authority on finding ways of shutting it down. ‘Wider powers’”The anti-social behaviour act gives powers to the police to close premises for Class A supply, so Class C is much more difficult,” he said. “Nevertheless we are working with other partners including the local authority who have a wider array of powers that the police don’t have. “We’re looking at those and we’re working together to see what we can do to close the premises.
Medical marijuana confiscated
CSU The Rocky Mountain Collegian – Aug 30, 2005
Even though a patient in Colorado may have a certificate to possess marijuana for medicinal purposes, they are still subject to prosecution under the federal law. Timothy Haas' doctor recommended he use marijuana for medicinal purposes and his half-ounce of the drug was confiscated from him about three weeks ago in Denver, his lawyer said to the Associated PressHaas' lawyer, Robert Corry, said due to an undisclosed medical condition, Haas uses the drug to ease severe pain and back problems. The marijuana was found during a security check at Denver Hospital where Haas was visiting his brother, Corry said. The officer confiscated the drug even after Haas showed him a copy of the doctor's recommendation that he use marijuana. The line used to determine the legality of medicinal marijuana can be blurry. Under state law, residents of Colorado are allowed to grow and possess small amounts of the drug if they have a certificate verifying the drug is for pain relief. Federal law, however, still considers the drug illegal…
The marijuana was found during a security check at Denver Hospital where Haas was visiting his brother, Corry said. The officer confiscated the drug even after Haas showed him a copy of the doctor's recommendation that he use marijuana. The line used to determine the legality of medicinal marijuana can be blurry. Under state law, residents of Colorado are allowed to grow and possess small amounts of the drug if they have a certificate verifying the drug is for pain relief. Federal law, however, still considers the drug illegal. Brian Vicente, executive director of Sensible Colorado, a non-profit organization that works pro bono on drug reform policy in Colorado, said state police are sworn to uphold state law. Since medical marijuana is illegal is the eyes of the federal law, it is federal authorities that should enforce federal law.