Growing cannabis might be a contribution in fighting global warming. “Cannabis is the only plant that likes polluted air”, so says Sander who specializes in developing growing techniques for the cannabis growing community.
Only one man now stands between Rhode Islanders and a permanent medical marijuana law, and even he isn't going to be able to stop it. On Wednesday, the state Senate voted overwhelmingly for the bill. Last week, the state House passed it by a similar....
City throws out pot charge January 19, 2006 8:30 AM
City throws out pot charge
Prosecutor says he's going after other marijuana cases
By Sue Lindsay, Rocky Mountain News
January 19, 2006
The city on Wednesday dismissed a pot possession charge against the first person arrested after Denver voters backed a measure legalizing small amounts of marijuana.
Defendant Eric Footer, 39, learned of the decision to throw out the case when he appeared at a hearing with plans to plead not guilty to the charge.
Footer, a real estate consultant, was cited Nov. 17. Voters passed Initiative 100 on Nov. 1.
"We view this as a real victory for Denver voters and a validation of what happened in November," said Footer's lawyer, Brian Vicente, who also is executive director for Sensible Colorado.
"Denver voters spoke loudly and clearly on this issue, and it looks like Denver officials are listening," he said. "The city has recognized there is better use of resources and taxpayers' money than prosecuting these cases. We hope this will send a message to police that the city attorney views this as futile."
But prosecutor Greg Rawlings said the dismissal of charges against Footer means no such thing.
Rawlings said he dismissed the case because of problems with the search of Footer's car.
Officers stopped Footer after a motorist complained that Footer had pounded on his vehicle. Footer, who drove away after the altercation, maintained the man nearly ran over his foot.
During the traffic stop, Footer dropped his keys on the floor of the car, prompting officers to quiz him about what he was reaching for.
After officers ordered him out of the vehicle, Footer shifted his cell phone in his pocket - a move he said led police to suspect he might be reaching for a weapon.
Police patted him down, then asked if they could search his vehicle.
"When they didn't find anything on me, they said, 'we're going to go ahead, if it's all right with you, we're going to search your vehicle. If we do that, is there anything there that you shouldn't have?' " Footer recalled after the incident. "And I said, 'No. Go ahead.' "
Footer, who said he uses marijuana to ease the pain of three enlarged spinal discs, knew there was marijuana in the vehicle but said he didn't think twice about consenting because he thought pot had been legalized.
Officers cited him after they found a small amount of pot and a pipe.
"I didn't think there was sufficient probable cause for this search and I didn't think we would be able to prevail," Rawlings said Wednesday.
But the decision has nothing to do with the controversy surrounding the case and has absolutely no bearing on any other pot possession cases, he said.
"I am prosecuting a number of marijuana cases today and will continue to prosecute them," he said. "These cases are a large part of the docket every day."
Nonetheless, backers of a state initiative to legalize marijuana applauded the move as a signal that Denver won't pursue those possessing small amounts of pot.
"I don't believe it had to do with problems with the search," said Mason Tvert, campaign director for Safer Alternative for Enjoyable Recreation. "We believe it had to do with the pressure put on the city by people who voted in this initiative."
Tvert urged others charged in Denver to contact his group, which plans to put a statewide measure legalizing adult pot possession on Colorado's November ballot.
"We will continue to encourage people to challenge these cases if they are charged," he said.
Footer said he was pleased and relieved by the dismissal of charges against him.
"I see it as a personal victory and a victory for all people who voted for this initiative, " he said. "I'm representing everybody who voted on the initiative. That's who I am here for."
Footer said he believed he was "abiding by the law."
The measure approved by Denver voters makes it legal for adults to privately possess less than an ounce of marijuana.
But it remains a crime under state and federal law.
lindsays@RockyMountainNews.com or 303-892-5181
Copyright 2006, Rocky Mountain News. All Rights Reserved.
LA County panel approves regulatory plan for med marijuana sites January 18, 2006 8:50 PM
By unanimous vote!!!
Posted on Wed, Jan. 18, 2006
Associated Press
LOS ANGELES - A regulatory plan for medical marijuana dispensaries in unincorporated areas of Los Angeles County was approved Wednesday by the Planning Commission.
The plan, which would allow cannabis to be eaten and smoked on-site for medicinal purposes, was approved 4-0 by the planning commissioners.
The five-member county Board of Supervisors will review the ordinance in the next couple of months, officials said.
Advocates argued that smoking marijuana should be allowed at dispensaries because some patients can't find a safe place to do it.
Planning commissioners would let dispensaries sell pipes, rolling papers and other equipment used for marijuana. However, the county ordinance does not allow dispensaries to be located within 1,000 feet of schools, playgrounds, childcare centers and religious facilities.
California voters passed Proposition 215 in 1996, which allows certain patients to use marijuana to help treat illness.
Thought I would start a theard just for all the good news!
CHP Returns Seized Medical Marijuana
Tuesday, January 17, 2006
By Brett Rowland
Hollister - After refusing to obey a court order to return a Los Angeles-area man's medical marijuana for months, the Gilroy-Hollister California Highway Patrol decided last week to return the pot it confiscated during a 2004 traffic stop on Highway 156.
The decision came just eight days before a contempt of court hearing was scheduled to determine if area CHP Commander Otto Knorr had violated a San Benito County Superior Court order by not returning the marijuana. In December, local defense attorney Greg LaForge argued before Judge Steven Sanders that Knorr should return the 4 grams of medical marijuana, or face the possibility of being held in contempt of court because a judge had already issued a court order mandating the marijuana be returned.
"It's clearly a victory, a court order is a valuable tool and nobody is above the law, especially law enforcement officers themselves," LaForge said Monday. "I think (Knorr) is out of touch with his own department's guidelines, it should have never been set for a hearing."
Knorr previously told the Free Lance that while California recognizes marijuana as a medicine under certain instances, the federal government does not. He had said that he was stuck in an apparent Catch-22 between the two laws and had no authority to distribute marijuana for any purpose.
But last Thursday, LaForge received a letter from Miguel Neri, a California deputy attorney general, which stated the marijuana taken from 28-year-old Eugene Popok, would be returned. CHP officers had seized the marijuana from Popok during a traffic stop for speeding in October of 2004. LaForge does not know what ailment his client suffers requiring the use of medical marijuana.
"This matter raised a number of novel legal issues that necessarily required further analysis by the California Highway Patrol," Neri wrote in the letter. "After such deliberation, the California Highway Patrol has decided in this instance to return Mr. Popok's claimed medical marijuana."
Knorr declined to comment on the decision or how it was reached.
"A decision was made and that's all I have to say," he said.
LaForge said that instead of refusing to return the marijuana, Knorr should have immediately contact his boss or the attorney general for direction on the matter.
San Benito County District Attorney John Sarsfield was not involved in the legal battle, but said that he could sympathize with Knorr.
"He had to choice between violating a state law and a federal law," Sarsfield said. "What it really comes down to is the medical marijuana law is extremely poorly written and needs to be clarified otherwise this will continue to happen."
Sarsfield suggested the county Health Department look into issuing identification cards for medical marijuana users. If Popok had presented a valid ID card to CHP officers at the time of his arrest, the matter could have been avoided, Sarsfield said.
Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws, was not surprised by the CHP's decision to return the marijuana.
"It's a situation where law enforcement need not be so pigheaded," he said. "This has happened all throughout California, but in their mind they don't have to follow the law."
St. Pierre sees the decision as a victory for medical marijuana advocacy groups, but said more still needs to be done to protect the rights of prescription marijuana users.
"It's keeping with the precedent," he said. "In the end, the county, town or state has to return the marijuana."
However, St. Pierre did worry about the condition the marijuana. If not stored correctly, the marijuana could breakdown rapidly and lose it's medicinal value, St. Pierre said.
"(Popok) could be getting back medicine that may not be of any use to him. This guy may have more or less been ripped off of $40 to $50 worth of marijuana," St. Pierre said. "But he could have fought a good legal battle for symbolic purposes rather than being able to enjoy the therapeutic benefits of the medicine."
Popok will have 60 days to claim the 4 grams of marijuana, according to a letter sent to him by Knorr last week.
"He should get back what was taken from him," LaForge said. "Now his concern is that he has to spend another $350 to fly back up here to get it."
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or browland@freelancenews.com
Brett Rowland Brett Rowland covers education for the Free Lance. Reach him at 831-6375566 ext. 330 or browland@freelancenews.com