Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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

Posted on 01/06/2003 9:53:14 AM PST by 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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events; US: California
KEYWORDS: drug; drugskill; marijuana; pot; statesrights; wod; wodlist
Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160161-179 next last
To: Dane
mmmmmmmmmm.....cannabis rolled pork tenderloin</Homer Simpson voice>
121 posted on 01/06/2003 4:01:35 PM PST by jmc813
[ Post Reply | Private Reply | To 79 | View Replies]

To: Rye
Stoners would go nuts not being able to afford satisfy to their munchies.

And not to mention keeping the potato chip vending machine people in business forever, as the typical Libertarian arguement goes.

122 posted on 01/06/2003 4:03:29 PM PST by Dane
[ Post Reply | Private Reply | To 118 | View Replies]

To: ApesForEvolution
My candidates, all pro-life and somewhat conservative, won.

Mine too.

It never ceases to amaze how so many here on FR (who should be educated enough to know better) assume that everyone who advocates decrimminalization is a leftist.

123 posted on 01/06/2003 4:06:11 PM PST by Mr. Mojo
[ Post Reply | Private Reply | To 115 | View Replies]

To: Dane
Just out of curiosity, what were your political leanings up until 1987? Did you have libertarian leanings that disappeared after you quit smoking?
124 posted on 01/06/2003 4:12:40 PM PST by jmc813
[ Post Reply | Private Reply | To 120 | View Replies]

To: Dane
Have you noticed that the major voices advocating decrimminalization come from the GOP (and conservatives in general), and not the Rats.

George Schutlz, William F. Buckley, Ron Paul (R-TX), GOP Governor of New Mexico Gary Johnson, Bill O'Reilly, Thomas Sowell, Milton Friedman, Walter Williams .....and the list goes on.

125 posted on 01/06/2003 4:12:53 PM PST by Mr. Mojo
[ Post Reply | Private Reply | To 120 | View Replies]

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

There you go again. I don't know about Sen. Coleman, but I'll ask him. /sarcasm
126 posted on 01/06/2003 4:19:10 PM PST by ApesForEvolution
[ Post Reply | Private Reply | To 120 | View Replies]

To: Rye
"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."

You'd be surprised how much cash these guys manage to go through. All on alcohol...and then we feed them, give them shelter and prayer. Wouldn't trade it for any amount of anything though.
127 posted on 01/06/2003 4:20:57 PM PST by ApesForEvolution
[ Post Reply | Private Reply | To 118 | View Replies]

To: Rye
"It never ceases to amaze how so many here on FR (who should be educated enough to know better) assume that everyone who advocates decrimminalization is a leftist."

What has disturbed me is that boozing is just fine, but forbid a hit or two. I haven't had a drop in over a decade nor a hit in over 3, but any fool would realize, I'm coming to believe, that illegal pot is probably quantifiably worse for society as a whole than legalization of marijuana. The money being spent and the tactics/invasiveness of the Gestapo in this losing war is mind boggling and not healthy for America. I've come a long way today!
128 posted on 01/06/2003 4:24:13 PM PST by ApesForEvolution
[ Post Reply | Private Reply | To 123 | View Replies]

To: ApesForEvolution
The money being spent and the tactics/invasiveness of the Gestapo in this losing war is mind boggling and not healthy for America.

Yep, and that is precisely why so many of the more rational minds desire an end to this war.

129 posted on 01/06/2003 4:28:26 PM PST by Mr. Mojo
[ Post Reply | Private Reply | To 128 | View Replies]

To: Rye
Have you noticed that the major voices advocating decrimminalization come from the GOP (and conservatives in general), and not the Rats

Ah yes the typical textbook Libertarian response.

George Schutlz, (a respected GOP warhorse who, IMO is wrong on this issue)

William F. Buckley(someone who writes a couple of articles on drug legalisation, when was the last one in 97 or so>)

Ron Paul (R-TX)(Libertarian Presidential cnadidate in 88, nuff said)

GOP Governor of New Mexico Gary Johnson(who handed New Mexico over to Monica hiring Bill Richardson in 2003)

Bill O'Reilly(the guy who thinks global warming is real)

Thomas Sowell(never saw an article where Prof. Sowell towed the pro-pot line)

Milton Friedman(He's an economist. Economist's are usually idealists looking for a perfect world, although I agree with Prof. Freidman on 90% of the issues, total drug legalization is not one of them)

Walter Williams(Another economist, again I usually agree with Prof. Williams 90% of the time and it was interesting that Prof. Williamas toned down some of his rhetoric during his recent stint for taking over for Rush)

.....and the list goes on

Go on with your fax from the LP. I am here to refute them.

130 posted on 01/06/2003 4:31:04 PM PST by Dane
[ Post Reply | Private Reply | To 125 | View Replies]

To: Rye; Dane
To be clear, although O'Reilly may very well advocate the de-crimminalization of pot, he's still a drug warrior of the first order.
131 posted on 01/06/2003 4:31:25 PM PST by Mr. Mojo
[ Post Reply | Private Reply | To 125 | View Replies]

To: Dane
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.

Yeah, I know. Hippies smoke pot, and hippies are liberals, therefore pot makes people liberals. Are we supposed to believe that substituting guilt by association for rational debate and objective logic is a trademark of the right? Good luck with that.

132 posted on 01/06/2003 4:33:34 PM PST by tacticalogic
[ Post Reply | Private Reply | To 106 | View Replies]

To: Dane; Rye
Rye:

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.

You've got our boy 'dane' pegged.
- It's the old addictive personality thing. Addicts, or potential addicts, become the biggest crusaders against substance abuse once they've got themselves under control.
It becomes their 'mission' to see that others are brought under the control they lacked.

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

There is no such 'culture', -- save in your pitiful, fanatical mind.

133 posted on 01/06/2003 4:34:19 PM PST by tpaine
[ Post Reply | Private Reply | To 116 | View Replies]

To: Dane
Ah yes the typical textbook Libertarian response.

#1) I'm a Republican, not a Libertarian.

#2) You failed to refute my main point, which was that the major political voices in favor of stopping the drug war happen to be conservative/republican.

Your attempts at dodges in this conversation have progressed from annoying to laughable.

134 posted on 01/06/2003 4:35:04 PM PST by Mr. Mojo
[ Post Reply | Private Reply | To 130 | View Replies]

To: viligantcitizen
But let's be perfectly frank here.....

The great majority of decriminalization proponents that I come across are in it so that they can get high. I am not saying that there are not a great many good things (or is that a good many great things?) both medical and non that are good about hemp/cannibis/pot. It's just that I see a lot more Phishheads than community leaders espousing it's virtues. It's really just a matter of marketing, and the right spokesperson (joke).

135 posted on 01/06/2003 4:38:15 PM PST by The Coopster
[ Post Reply | Private Reply | To 119 | View Replies]

To: tpaine
It becomes their [addicts] 'mission' to see that others are brought under the control they lacked.

Right on the money, amigo.

136 posted on 01/06/2003 4:38:54 PM PST by Mr. Mojo
[ Post Reply | Private Reply | To 133 | View Replies]

To: tacticalogic
Yeah, I know. Hippies smoke pot, and hippies are liberals, therefore pot makes people liberals

Huh probably 90% of pot smokers today are demorat supporters(you know all that demorat jazz that Pubbies are evil corporatists while they commune over the bong).

Show me statistics otherwise, and the .045% Harry Browne got is no cigar, excuse me "blunt", and maybe I will take you seriously.

137 posted on 01/06/2003 4:39:35 PM PST by Dane
[ Post Reply | Private Reply | To 132 | View Replies]

To: Dane
Rye
Have you noticed that the major voices advocating decrimminalization come from the GOP (and conservatives in general), and not the Rats
Ah yes the typical textbook Libertarian response.
George Schutlz, (a respected GOP warhorse who, IMO is wrong on this issue)
William F. Buckley(someone who writes a couple of articles on drug legalisation, when was the last one in 97 or so>)
Ron Paul (R-TX)(Libertarian Presidential cnadidate in 88, nuff said)
GOP Governor of New Mexico Gary Johnson(who handed New Mexico over to Monica hiring Bill Richardson in 2003)
Bill O'Reilly(the guy who thinks global warming is real)
Thomas Sowell(never saw an article where Prof. Sowell towed the pro-pot line)
Milton Friedman(He's an economist. Economist's are usually idealists looking for a perfect world, although I agree with Prof. Freidman on 90% of the issues, total drug legalization is not one of them)
Walter Williams(Another economist, again I usually agree with Prof. Williams 90% of the time and it was interesting that Prof. Williamas toned down some of his rhetoric during his recent stint for taking over for Rush)
.....and the list goes on
Go on with your fax from the LP. I am here to refute them.
130 -dane-

Can you refute this comment below , dane?

"There is nothing in the U.S. Constitution that authorizes the federal government to wage war against the citizens of the United States, no matter how well-meaning the intent. The Bill of Rights means just as much today, as it did on the day it was written. And its protections are just as valid and just as important to freedom today, as they were to our Founders two hundred years ago. The danger of the drug war is that it erodes away those rights. Once the fourth amendment is meaningless, it's just that much easier to erode away the first and then the second, etc. Soon we'll have no rights at all.
" Jim Robinson, 5/9/01 155
138 posted on 01/06/2003 4:41:30 PM PST by tpaine
[ Post Reply | Private Reply | To 130 | View Replies]

To: Rye
Your attempts at dodges in this conversation have progressed from annoying to laughable

Huh the facts stated in reply #130 gets a laughable ad hominem.

Why am I not surprised.

139 posted on 01/06/2003 4:42:31 PM PST by Dane
[ Post Reply | Private Reply | To 134 | View Replies]

To: Dane
LOL...All you did in that abortion of a post (#130) was to say that you disagreed with all those conservatives/Republicans on the issue of the drug war. You didn't present any "facts."
140 posted on 01/06/2003 4:44:54 PM PST by Mr. Mojo
[ Post Reply | Private Reply | To 139 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160161-179 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson