Judge Keeps Tight Rein on Pot Trial (Judge takes over questioning of witness from the defense)

San Francisco Chronicle ^ | Jan. 31, 2003 | Bob Egelko

[DAnconia55]

It seems your own thoughts are suffering from shrinkage.

Just his thoughts? Methinks there's some overcompensation going on, too.

[philman_36]

Name calling gets you nowhere. You spouted your nonsense and I'm calling you on it and I'm trying to get you to clarify it. If anal rape isn't what you meant then what did you mean by your little euphamism?
Do you support, condone or encourage anal rape in prison? No sly euphamisms, no catchy little phrases and no running away. A direct answer, please.
If I see your nomiker I'm going to ask the question every time I do.
The only thing that will stop me is if I'm told to stop by Mr. Robinson or one of the AMs. Go ahead, hit the abuse button.
You made the acclamation through euphamism now say so directly one way or the other or turn tail and run to the bosses in defeat to have me shut up.

[DAnconia55]

Note their acephalous triumphalism on this thread. Their sophistry and casuistry essentially boils down to one proposition..."our side has guns, so there."

This is not surprising as it is the final argument of all tyrants.

Dane, Jihadi and the rest of the little government rah-rah squad do not differ from Hillary at all in their philosophy of rights - merely the application of that philosophy to differing political goals:

The laws apply to little people, not to Drug Czars, police or government officers.
The Constitution is a living document, and the founders views do not matter.
You are not entitled to invoke rights, merely follow what you are told is the law.
You may not exercise state's rights if the Fed says no.
Force will be used to make you comply, and we'll be gleeful about it.
The representative of law is always right, and the peasant is always wrong.

I am STILL trying to figure out why a group that IS PRO STATIST at every opportunity, is allowed to TROLL the forum. How is this any different from having Hillary here?

Check their posts - cops shoot someone, no problem. cops shoot dog, no problem. Drug war kills a kid accidently, no problem Etc, etc.. It's all the same and any viewer who doesn't KNOW these people can easily do searches on their posts to discover their motives.

[philman_36]

You're one sick individual. For you to condone the rape of men incarcerated in prison for non-violent drug offenses is reprehensible and shows what a warped, insidious miscreant you really are.
You're the lowest common denominator in the human race!
The only thing lower than you is a rattlesnake's belly in a wagonwheel rut at the lowest part of Death Valley.

I'd ask for G_d to have mercy on your soul, but I doubt if you've even got one.

[TigersEye]

It goes a lot further than that. Ed was basically contracted by the City of Oakland to grow the stuff. I wonder why the Feds aren't charging the city with conspiracy to manufacture?

Let's keep going. The State authorized the City of Oakland and the people of California authorized the State. That would make the people of California drug kingpins under federal law and doesn't federal law call for the death penalty for drug kingpins?

If the feds don't go after the people of CA then the law is being applied selectively. Isn't that against federal law?

[DAnconia55]

If the feds don't go after the people of CA then the law is being applied selectively. Isn't that against federal law?

Why yes it is ! Under the 14th Amendment!

[Roscoe]

If we held a nationwide referendum

America has a government of laws and elected representatives, not "nationwide referendums."

[CWOJackson]

The thing I find interesting about this story is that 12 people in San Francisco would vote to convict someone of a cultivating pot regardless of this undisclosed information.

[Roscoe]

I would agree with you that prop 215 was a poor choice for the defense here; even though I can't jive in my head how terminal cancer patients are supposed to come up with the time and energy to cultivate an HQ pot garden.

SECTION 1. Section 11362.5 is added to the Health and Safety Code, to read:
    11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
   (b)(1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
   (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
   (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
   (C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
   (2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
   (c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
   (d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
   (e) For the purposes of this section, ''primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.

SEC. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

[Roscoe]

The State authorized the City of Oakland

How?

[Gianni]

America has a government of laws and elected representatives

So there are no unjust laws? Seems like it is once again your side that is doing the creative arguing.

My personal favorite is, "The Holy Spirit told me that drugs were bad," followed by, "Trust me, I'm right on this." How long to get there? Do I have to put it somewhere so that you can cut and paste it?

[Gianni]

primary caregiver

Please at least use an argument that you're willing to stand behind; if this had been the guys doctor, you'd still be calling for us to strap him into "Roscoe's pothead electric chair."

So other than "the law" who is victimized when someone is growing pot and giving it to med patients?

[PaxMacian]

RE:"it doesn't apply?"

Entrapment: the action of luring an individual into committing a crime in order to prosecute the person for it

Would you think so if someone handed you a flower with one hand and jack slapped you to the floor with the other for taking it?

[Roscoe]

Please at least use an argument that you're willing to stand behind; if this had been the guys doctor, you'd still be calling for us to strap him into "Roscoe's pothead electric chair."

Quote me.

[Gianni]

quote me

The Supremacy Clause of Article VI of the United States Constitution mandates that federal law supersede state law where there is an outright conflict between such laws. [...] Indeed, Proposition 215 on its face purports only to exempt certain patients and their primary caregivers from prosecution under certain California drug laws-it does not purport to exempt those patients and caregivers from the federal laws.

Your wish is my command.

[Roscoe]

Good quote.

[headsonpikes]

I wouldn't be over-worried if I were you.

Lurkers in this forum will quite readily be able to judge which side in the WOD debate is on the side of justice and liberty and which on the side of tyranny and socialism.

The war of ideas has been over for some time. Our side won.

But power lies in the hands of those who seek it for its own sake; ideas to them are mere rationales for their whims. Ideas that expand government purview and power appeal to them, not ideas about reducing such reach. Until the 'people' are sufficiently outraged to toss the rascals out, little will change.

That may be why Jefferson advised that a revolution may be necessary in each generation. ;^)

[realpatriot71]

"You cannot substitute your sense of justice, whatever that is, for your duty to follow the law."

Meathead statement of the day. Don't question just follow . . . comrade

These tactics will not be lost on the jury, and I would think that the judge screwed the prosecution in this regard. I'm looking for a jury nullification here.