Police return seized pot

The Tribune (San Luis Obispo, CA) ^ | Jan. 04, 2003 | Patrick S. Pemberton

[MrLeRoy]

Donovan No Runner walked out of the San Luis Obispo Police station all smiles Friday, holding the bag of marijuana authorities had returned to him.

A local Superior Court judge had ordered the city to return the marijuana it confiscated from No Runner last summer, ruling the 23-year-old Grover Beach man had a valid doctor's recommendation.

But police were concerned that handing the pot over to No Runner would violate a federal law prohibiting the distribution of controlled substances.

As a result, the City Council considered appealing the court's ruling during a last-minute meeting Friday, but instead it decided to give up the fight.

"The city is an agency of the state, and we're following state law and a court order," Interim City Attorney Gil Trujillo said.

Shortly after the city decided not to appeal the case, No Runner went to the police station, where his 8.4 gram bag of marijuana was returned -- still in good condition.

While smoking marijuana is illegal under federal law, California's Proposition 215 makes it legal for those with a doctor's recommendation.

"For the time being, people are protected under state law, not under federal law," said Bruce Mirken, a spokesman for the Washington, D.C.-based Marijuana Policy Project, which advocates the decriminalization of marijuana use.

While state voters legalized medicinal marijuana, law enforcement can still confiscate pot until it is proven that a doctor's recommendation is legitimate.

No Runner's difficulty arose because state law does not specify what is supposed to happen to medicinal marijuana once confiscated.

In court last month, No Runner's attorney, Lou Koory, cited an Oregon case in arguing that police are immune from federal prosecution, though no such case exists in California.

Trujillo said that ultimately, the issue will be resolved in a higher court.

With no clear guidelines for such a case in the state, No Runner's case could have become a precedent on appeal.

But the city also decided it was not feasible to pay attorneys' fees at a time when it is experiencing a $5 million deficit.

Koory said he and his client were ready to fight the issue if an appeal had been sought.

"We're just happy that common sense prevailed," he said.

No Runner said his doctor recommended marijuana to combat the effects of bipolar disorder.

He was lighting a water pipe near SLO Brewing Co., between a trash can and a tree, when he was stopped by a police officer in August.

No Runner told the officer he had a doctor's recommendation, but he was cited anyway, and his marijuana was taken.

Once the recommendation was verified, the District Attorney's Office dismissed criminal charges. But police would not return the pot or the pipe.

Last month, Superior Court Judge Barry LaBarbera, intending to set a local precedent, said the police had to return the marijuana within 30 days.

Koory said the police could have faced a contempt of court charge had they not returned the pot by Friday's deadline.

Despite the difficulty in getting his pot returned, No Runner said he wanted to set an example for others who need medicinal marijuana -- particularly those who have greater needs than he does.

"I'm glad this happened to me," he said. "I'm physically able to fight this."

Without a clear guideline, he said, police could confiscate marijuana merely to keep legitimate users from smoking it.

"They can't just go around taking medication from sick people," he said.

[Dane]

Would it be logical to say that 15 years since last use versus 33 years since last use would make it more likely that you would be suffering from some disorder than I?

Actually the disorder you suffer from, IMO, is the same as all the major demorat candidates for President in 2004 suffer from.

And that is the disorder of trying to say marijuana is the wonderweed and not part of the drug culture, while trying to come up with the weasel words to worm your way out of that position.

[Mr. Mojo]

constant use of cannabis(pot) does induce paranoia, IMO."

Only among those who are naturally paranoid. Do you fall into that group?

[Dane]

Only among those who are naturally paranoid. Do you fall into that group?

IMO, I think you will find your answer amongst the members of the Libertarian party and ACLU.

[ApesForEvolution]

"And that is the disorder of trying to say marijuana is the wonderweed and not part of the drug culture, while trying to come up with the weasel words to worm your way out of that position."

Now exactly when and where did I say any such thing?! Dane, you become quite shrill and disjointed rather quickly...and the more of your likes I see defending alcohol and bashing marijuana makes me wonder if there is any logic to be found amongst the Warriors battling the ever losing, liberty-eroding, money-wasting WO(some)Ds.

[A CA Guy]

My #83 was straight forward.
Illegal donations made by suppliers of legal crude to terror is on our list and will be dealt with in the future.

[Dane]

Invoking Hillary's name will do you no good. This is a conservative site, and the people that frequent such places have too much respect for reason and logic to be taken in by such ploys

Huh and the above italicized passage comes from someone who employed text book Hillary tactics(i.e reply #94), such as the race card while ignoring the fact since the 60's that pot has been an integral part of the leftist drug culture.

Oh well conviently forgetful minds are a trademark of the left. What else is new.

[Mr. Mojo]

I hate to break it to you, but a lot Republicans smoke weed as well, and remain paranoia-free. Hell, you were probably one of them (pre-'87).

[ApesForEvolution]

Maybe Dane is a pot head employing reverse psychology to advance the cause of legalization by using arguments void of logic and filled with blind hate.

Dane, you are incredibly effective at keeping threads (focused on marijuana) alive and well while loading them with misinformation, personal attacks and bad logic. You never present anything persuasive that refutes the Anti-Warriors, so what else is one to presume regarding my initial hypothesis?

[Dane]

I hate to break it to you, but a lot Republicans smoke weed as well, and remain paranoia-free. Hell, you were probably one of them (pre-'87).

How did you know that me, Ronnie, and Nancy were smoking bowls in the oval office? Damn Washington Post.(/sarcasm)

[Vigilantcitizen]

"Regarding glaucoma, what, if any, 'relief' does 'medicinal' marijuana bring to inner eye pressure and the damage that results from it?"

THC, the active ingredient in MJ, is a vaso-dialator. In other words, it expands and relaxes blood vessels and tissues. This effect is what causes the munchies, the blood vessels in the stomach expand causing a "hungry" feeling.

This same vessel expanding effect also works on the blood vessels in the eye. By expanding the volume of the eye vessels, interoccular fluid pressure is lowered.

[ApesForEvolution]

I hate to break into this conversation, but the soup kitchen I started 13 years ago is full of drunks and very few pot users. Pot is just as easy to get hold of, if not easier in these parts, than alcohol is. Alcohol requires walking down the block and into a liquor store...

[Dane]

Maybe Dane is a pot head employing reverse psychology to advance the cause of legalization by using arguments void of logic and filled with blind hate.

Whew you got the Hillary fax also.

Dane, you are incredibly effective at keeping threads (focused on marijuana) alive and well while loading them with misinformation, personal attacks and bad logic. You never present anything persuasive that refutes the Anti-Warriors, so what else is one to presume regarding my initial hypothesis?

Wow you all are "incredibly" effective after your losses in the last elections, where all the major pro-drug intiatives lost(San Francisco excluded), but you all still live in the halcyon days of when Hillary friend Soros pro-drug state intiatives passed during the Clinton era.

[Mr. Mojo]

Nice attempt at a dodge, but I didn't pull the year 1987 out of thin air. (See your post #79). You probably smoked heavily up to that time, couldn't handle it (paranoia, delusions, etc), and then quit. My point was that only people with a natural tendency towards paranoia exhibit these symptoms when smoking ganja.

[ApesForEvolution]

"THC, the active ingredient in MJ, is a vaso-dialator. In other words, it expands and relaxes blood vessels and tissues. This effect is what causes the munchies, the blood vessels in the stomach expand causing a "hungry" feeling.

This same vessel expanding effect also works on the blood vessels in the eye. By expanding the volume of the eye vessels, interoccular fluid pressure is lowered."

Thanks, I wasn't aware of this and have been reading various studies and other commentaries all afternoon.

I might be coming to the thinking that being intoxicated to be intoxicated is wrong; legal and illegal drugs intoxicate (perc., vike, etc.) but it's ok because they're prescribed by a practitioner and serve a purpose in pain/disease management. Illegal drugs made legal for the same purpose, with no evil intent, maybe can serve the same purpose? What I find hilarious are those that drink alcohol to relax or enjoy a good meal and say because it's legal are somehow better than those that smoke a little weed now and then for the same reasons!

I don't do either, but I'd personally, from my own experiences, have someone behind the wheel driving slow and cautious on a couple hits than someone out of control on booze.

[ApesForEvolution]

"Wow you all are "incredibly" effective after your losses in the last elections,"

My candidates, all pro-life and somewhat conservative, won. There you go again...

[Dane]

Nice attempt at a dodge, but I didn't pull the year 1987 out of thin air. (See your post #79). You probably smoked heavily up to that time, couldn't handle it (paranoia, delusions, etc), and then quit. My point was that only people with a natural tendency towards paranoia exhibit these symptoms when smoking ganja.

Well just lock me up and throw away the key for speaking out against the Libertarian drug culture.

[jodorowsky]

Good to see that this guy was given "quarter".

[Mr. Mojo]

but the soup kitchen I started 13 years ago is full of drunks and very few pot users

That doesn't surprise me at all. Being homeless and broke doesn't go with pot smoking very well. Stoners would go nuts not being able to afford satisfy to their munchies. Alcohol is both a sedative AND food.

[Vigilantcitizen]

After reading my previous post, one thing I left off was: MJ is only effective as a short term tool to lower occular fluid pressure. For example, if someone had injury induced glaucoma and needed to lower pressure quickly so that laser procedures could be done.

As a long term hereditary glaucoma treatment, MJ isn't as effective as drops.

[Dane]

My candidates, all pro-life and somewhat conservative, won. There you go again...

Were your candidates pro pot just like Ronald and Nancy Reagan?(/sarcasm)