Score 1 for the Underdog
February 9th, 2009 by Perry
M.J. Somers, 27, of Helendale, CA said:
I know it sounds weird, but I went for the weed license because I try to be a law-abiding citizen. I’m not a fiend for marijuana that gets it from the corner or the streets. I just need to smoke because I have health problems — and that’s it.
As hard as it is take anyone seriously after they throw out the words “weed license,” he’s got a point. And Judge Steve Mapes agrees. Mapes ordered the return of Somers’ marijuana in his Barstow court room, after Somers presented his legal permit.
Judge Mapes cited a Garden Grove case where an appellate upheld a lower court’s order to return “medical-grade” (whatever that means) marijuana. The U.S. Supreme Court refused to hear the case, making the Garden Grove case basically a precedent case for any legal MMJ-return scenario.
The San Bernardino Sheriff’s Department said the decision sends a mixed message out to law enforcement. Jerry Brown, the state’s attorney general, seems to disagree, as does the California Supreme Court.
The message seems to be clear — you aren’t paid to enforce federal laws, you’re state employees. To be more specific, leave medical marijuana patients alone, or the courts will spend taxpayer time and money undoing whatever harm you’ve done already.
That doesn’t really seem like a mixed message, does it?
Big Win for State-Level Medical Marijuana Laws
December 2nd, 2008 by Alex
Today is a good day for California’s Compassionate Use Act, and it’s ironically due to a landmark non-decision by the US Supreme Court.
How does a non-decision affect anything? Well, let’s start from the beginning…
In June 2005, Garden Grove police pulled over Felix Kha and seized his medical marijuana. Felix sued, not necessarily for the return of his pot, but to uphold patients’ rights in California. Law enforcement argued that seizure was necessary because federal law trumps state law.
Finally, two years later, the Fourth District Court of Appeals ruled in favor of Felix Kha, saying that local police are not paid to enforce federal drug laws.
Garden Grove wasn’t too pleased with this, so they took the case all the way to the Supreme Court, who officially refused to hear Garden Grove v. Superior Court of California, et al.. This means the lower court ruling stands, and over 90% of police traffic stops that result in seizure of medical marijuana will now be drastically reduced.
As far as court decisions go, this is a big one, and significantly strengthens the position of medical marijuana patients in California and other states with medical possession laws.
Garden Grove, CA Says Nay to Dispensaries
October 16th, 2008 by Perry
Garden Grove City Council voted 4-1 Tuesday night to ban the medical marijuana clinics, which are irritatingly referred to as “pot stores,” in the Mercury News article. The ordinance takes effect in 30 days.
I would like to take a second to commend councilman Mark Rosen for casting the lone dissenting vote. He’s quoted in the article as saying the ban is “mired in mid-20th-century thinking.” Councilman Steve Jones was kind of on board. He’s quoted as saying he didn’t want the city to become exposed to liability for poor-quality pot. Wait, what?!
Garden Grove Says No to MMJ, I Say Boo
September 24th, 2008 by Perry
In a giant step back for MMJ users in Orange County, the Garden Grove City Council voted to ban its only medical marijuana dispensary.
Their logic? Mayor Bill Dalton said he doesn’t support it because it is not ‘regulated right.’ He states:
I just don’t think this is the way marijuana should be dispensed.
What a horse’s ass.
Councilwoman Dina Nguyen said she sympathizes with patients who need marijuana to ease their pain, but believes the clinics would put more strain on the Police Department, which is short-staffed. Not to mention, the article states there were no incidents at the dispensary in the months prior to its shutdown.
Well, at least she’s sympathetic. Apparently chronic pain sufferers just aren’t pulling hard enough on the heart strings to not be put in jail. Luckily, sympathy is an alternate treatment to chemotherapy recovery, nausea, bone pain, etc… Thanks, Dina.
Looks like the business tax and other sales taxes will be going to the coffers of a different Orange County city. Too bad.
