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.
Right, just like they get real concerned about violating federal weapons laws when the do gun "buy-backs". Give me a break.
Heck, do it the way I get mine, in the back booth at the local Denny's.
Order the extra grand slam breakfast?
On what expertise is your opinion based?
You know, I don't see what difference it makes. If I thought you were truly interested in learning something, I'd make the effort.
Your response would just be, "Well it works for him and his doctor prescribed it, so who are you to ..... blah blah."
The person who prescribed it has an M.D. What is your expertise on the matter?
"Hold muh beer 'n watch this!" PING....
If you want on or off this list, please let me know!
Doctor Ben Tokin :o)
Your response would just be, "Well it works for him and his doctor prescribed it, so who are you to ..... blah blah."
No, that's my response now, in the absence of any qualified opinion other than the prescribing physician's. If you could provide a medically qualified reference that went counter to the prescribing physician's, I couldn't and wouldn't make that response.
Besides, your speculations on my response in no way relieve you of your burden of providing evidence for your claims.
I don't know. What does it matter?
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.