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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
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To: Dane
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.

Do your own research, and post your own proof. Don't throw out some crap you pulled out of thin air, and then expect that everyone should accept it at face value until it's proven wrong. The gun grabbers and environmentalists want that kind of deal too, and I won't give it to them, so don't feel picked on.

141 posted on 01/06/2003 4:46:13 PM PST by tacticalogic
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To: Rye
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."

And well golly gee you stated in your reply #125 the LP myth that the whole GOP is for drug validation. When shown otherwise you get indignant.

Why am I not surprised.

142 posted on 01/06/2003 4:55:20 PM PST by Dane
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To: Dane
Show me where I said that "the whole GOP is for drug validation." You're starting to hallucinate again. Flashback, perhaps? I said that "the major voices advocating decrimminalization come from the GOP (and conservatives in general), and not the Rats." That's a far cry from what you claimed I said. If you want to discuss the matter like a rational adult, fine. But resorting to lying - lying than can easily be verified - is the last resort of someone who has absolutely no ground to stand on.

143 posted on 01/06/2003 5:01:10 PM PST by Mr. Mojo
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To: tacticalogic
Do your own research, and post your own proof. Don't throw out some crap you pulled out of thin air, and then expect that everyone should accept it at face value until it's proven wrong.

What crap? Sheesh you must live in a sheltered world where all pot smokers read Ayn Rand and actually know who Milton Friedman is.

Sorry to break the Earth shattering news to you, but the great majority of pot smokers are liberal, Ralph Nader worshipping, greenie whackos.

Prove me otherwise. And no an informal poll of who owns a tie-dye t-shirt on FR does not count.

144 posted on 01/06/2003 5:01:33 PM PST by Dane
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To: Dane
Sorry to break the Earth shattering news to you, but the great majority of pot smokers are liberal, Ralph Nader worshipping, greenie whackos.

Prove me otherwise. And no an informal poll of who owns a tie-dye t-shirt on FR does not count.

Doesn't work that way. You make the claims, you back 'em up. Don't expect everyone else to do your work for you.

145 posted on 01/06/2003 5:05:34 PM PST by tacticalogic
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To: tpaine
.....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

__________CRICKETS_______________

All blow, no show, aye dane?
146 posted on 01/06/2003 5:08:03 PM PST by tpaine
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To: Rye
But resorting to lying - lying than can easily be verified - is the last resort of someone who has absolutely no ground to stand on.

I guess you mean this type of selective lying.

Have you noticed that the major voices advocating decrimminalization come from the GOP (and conservatives in general), and not the Rats(Rye reply #125)

Too bad you omitted such "staunch conservatives" such as Barney Frank, Ralph Nader, and Hillary friend George Soros(who is the main moneybags for the pro-drug cause).

Oh BTW, it seems the liberals, especially Hillary friend, Soros, are the ones who put their money where their mouth is(i.e funding pro-drug causes).

But what they hey that doesn't matter to you when there is an issue to distort.

147 posted on 01/06/2003 5:08:43 PM PST by Dane
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To: Dane
.....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

__________CRICKETS_______________

All blow, no show, aye dane?
148 posted on 01/06/2003 5:08:58 PM PST by tpaine
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To: 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


Dane, -- are you equating JR with George Soros?
149 posted on 01/06/2003 5:13:11 PM PST by tpaine
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To: Dane
I never said that there aren't any liberal/Democrat decrimminalization proponents. I said - again, for the third time now - that "the major voices advocating decrimminalization come from the GOP (and conservatives in general), and not the Rats." Barney Fag and Ralph Nader are far from "major voices." My list of conservative/Republican pro-decrimminalization advocates was far more impressive. Give it up, Dane. You're digging a pretty deep hole for yourself here.
150 posted on 01/06/2003 5:17:19 PM PST by Mr. Mojo
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To: Rye
I never said that there aren't any liberal/Democrat decrimminalization proponents. I said - again, for the third time now - that "the major voices advocating decrimminalization come from the GOP (and conservatives in general)

Huh, wouldn't the "major voices" be those who give money to the cause, the cause being validating drugs.

The one person who has been most proficient in giving money to the pro-drug cause has been good Hillary friend, George Soros.

Oh well if you think that a person, Bill Buckley, writing a couple of columns, read by maybe 1% of the electorate, is equal to Hillary friend Goerge Soros giving millions of dollars to the pro-drug cause, then so be it, although I question your sense of political proportion.

151 posted on 01/06/2003 5:30:43 PM PST by Dane
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To: Dane
Political proportion? .... You have none, dane.

You just don't care that there's nothing in the U.S. Constitution about authorizing the federal government to wage war against the citizens of the USA, do you?
It's obvious the Bill of Rights means little to you and that the danger of the drug war is that it violates those rights.
You absolutely have no sense of the real issues involved in the 'drug war'.
152 posted on 01/06/2003 6:20:29 PM PST by tpaine
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To: A CA Guy
You are also practicing the politics of pro-drug addiction.
We all know it costs and hurt the public to use, sell or distribite illegal drugs.
To suggest it goes away if legalized is as currupt to me as if you suggest we legalize rape
By the same standards it could be said that alcohol distributors "cost and hurt the public". Or the tobacco companies. Or McDonald's.

The debate is not over if drugs are good. The debate is over whether or not its more damaging to ban them than allow them. We already know this is the case with alcohol.

-Eric

153 posted on 01/07/2003 5:02:13 AM PST by E Rocc
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To: Petronski
"The city is an agency of the state, and we're following state law and a court order," Interim City Attorney Gil Trujillo said.

I bet you took an oath to the Constitution, Gil.

Yes, including the Ninth and Tenth Amendments. He did the constitutional thing.

154 posted on 01/07/2003 5:36:04 AM PST by MrLeRoy
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To: Rye
changing one's name

What makes you think he changed his name? I assumed it was a Native American name.

155 posted on 01/07/2003 5:59:35 AM PST by MrLeRoy
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To: 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.

Nonresponsive. You suggested that "illegal drugs are financing in part terrorists" was a good reason for drugs to be illegal; by the same logic, "petroleum are financing in part terrorists" must be a good reason for petroleum to be illegal

156 posted on 01/07/2003 6:02:04 AM PST by MrLeRoy
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To: A CA Guy
None of my rights have ever been violated by another's use of drugs. Illegal or legal.

OK, thanks for telling us you don't pay taxes I guess.

It's the GOVERNMENT taking our tax money, not the USERS.

157 posted on 01/07/2003 6:30:17 AM PST by MrLeRoy
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To: MrLeRoy
Nonresponsive. You suggested that "illegal drugs are financing in part terrorists" was a good reason for drugs to be illegal; by the same logic, "petroleum are financing in part terrorists" must be a good reason for petroleum to be illegal

Buying tanzanite is more likely to provide money to Al-Quaida than buying marijuana.

158 posted on 01/07/2003 6:37:23 AM PST by tacticalogic
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To: Dane
wouldn't the "major voices" be those who give money to the cause

No, "major voices" are those recognized and respected by the public. The names on Rye's list are far ahead of Soros (or Frank) in that regard.

159 posted on 01/07/2003 6:41:27 AM PST by MrLeRoy
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To: tacticalogic; Dane
Doesn't work that way. You make the claims, you back 'em up. Don't expect everyone else to do your work for you.

These Drug Warriors are a lazy lot, aren't they? Think it's from too much booze?

160 posted on 01/07/2003 6:44:25 AM PST by MrLeRoy
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