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Seattle police seize marijuana patient files PDF Print E-mail
Written by Wild Horses   
Thursday, 17 July 2008

Seattle police seize marijuana patient files


Seattle police seized files on nearly 600 medical marijuana patients when officers searched the headquarters of a patient support group, activists said Wednesday.
By GENE JOHNSON
AP Legal Affairs Writer

SEATTLE — Seattle police seized files on nearly 600 medical marijuana patients when officers searched the headquarters of a patient support group, activists said Wednesday.
The search occurred Tuesday after a nearby police bicycle officer reported the smell of marijuana. Martin Martinez, who runs the Lifevine cooperative as well as Cascadia NORML, the local chapter of the National Organization for the Reform of Marijuana Laws, said no one was arrested but officers seized about 12 ounces of marijuana in addition to the patient files and a computer.
There were no marijuana plants growing there, Martinez said. He is a longtime advocate of legalizing the medical use of marijuana, following a severe motorcycle crash that left him with nerve damage in 1986. Three other patients authorized to use pot under Washington's medical marijuana law were also present when officers arrived at the office, which does not dispense marijuana, he said.
Cascadia NORML has been issuing identity cards to medical marijuana patients, but before doing so, it requires the patients to provide their medical authorizations for verification. That's why the patient files were in the office, Martinez said. The cards are not issued pursuant to the state's medical marijuana law, but are designed to help identify the patient as legitimate if confronted by police.
Some of the nearly 600 patients are now dead, and some others are no longer actively using marijuana, he said.
The police "have a heck of a lot of patient records I don't think they should have," said Douglas Hiatt, a Seattle attorney who specializes in medical marijuana cases. "For one thing, those records are protected under federal privacy laws. If you're a medical marijuana patient, you don't want the police to know who you are or where you live, and this is why - because you don't get treated very well."
Hiatt and Martinez said that before the search they tried to convince the officers as well as a deputy King County prosecutor there were no violations of the medical marijuana law.
The police department did not immediately return phone calls seeking comment Wednesday.
Dan Donohoe, a spokesman for the King County prosecutor's Office, confirmed that officers consulted a deputy prosecutor before searching the office Tuesday, but he said police have not referred the case to his office.
Under Washington's medical marijuana law, doctors can authorize patients to have as much as a 60-day supply of marijuana to treat symptoms of AIDS, cancer and other debilitating or chronic conditions. The law doesn't define what a 60-day supply is, but the state Health Department proposed this month that it be defined as 24 ounces of usable pot, along with six mature plants and 18 immature plants. Marijuana remains illegal under federal law.
According to Hiatt, the seized documents included patient authorizations, full medical histories, and the names of doctors who authorized the marijuana use.
Alison Chinn Holcomb, who follows marijuana issues for the Washington state chapter of the American Civil Liberties Union, said there doesn't appear to be any evidence that the group was providing or growing marijuana, and no information that has been revealed thus far would seem to justify seizing the patient files.
"These are very sick people with very serious conditions, and we're sure none of them want the nature of those conditions made available to the public or to anyone who doesn't have a valid need for it," she said.

Copyright © 2008 The Seattle Times Company
 
Lawyer Wants Troopers to Prove Pot-Sniffing Abilities PDF Print E-mail
Written by downtown train   
Wednesday, 09 July 2008

Lawyer Wants Troopers to Prove Pot-Sniffing Abilities


Wednesday, July 09, 2008
AP Newswire

CALHOUN, Ga. — The lawyer for a man accused of having 10 pounds of marijuana said something about the arrest smells. He wants two Georgia State Patrol troopers to prove they can sniff out pot tied up in a trash bag inside a car trunk.

If troopers Jeff Adamson and Kevin Turner are unable to repeat the feat with a random car in the Gordon County courthouse parking lot, attorney David West says the evidence against Jarmane Vernon Knox should be suppressed for lack of probable cause for a search.

West says: "If these officers really think they are human drug dogs, let's put them to the test."

Knox and passenger Derrick Mikes were stopped on Interstate 75, initially because the license plate tag light was out.
 
Mendocino County won't enforce pot measure PDF Print E-mail
Written by Hattie Carrol   
Friday, 04 July 2008

Mendocino County won't enforce pot measure


Sheriff, D.A. cite legal challenges in sticking to 25 marijuana plant limit


By MIKE GENIELLA
THE PRESS DEMOCRAT


Published: Thursday, July 3, 2008 at 4:30 a.m.
Last Modified: Thursday, July 3, 2008 at 5:32 a.m.


Mendocino County's top law enforcement officials announced Wednesday they won't be enforcing a voter-approved crackdown on medical marijuana cultivation.


Citing pending legal challenges to local and state-approved limits, the Sheriff's Office and district attorney said they will temporarily not enforce the plant limits set forth in Measure B.


Instead county law enforcement will continue to allow possession and cultivation of 25 plants. However, in a change of policy, the county limit will apply to the number of plants on a parcel, and not simply the number grown for an individual's use.


The twist is provided in a marijuana ordinance approved by the Board of Supervisors. It also bans growing of marijuana for any reason within 1,000 feet of a school, school bus stop, church, youth-oriented facility or a park.
In effect, county officials said they believe the property standard is independent of the legal issues surrounding individual plant limits.
Medical marijuana advocates are challenging any individual limits on possession, citing Prop. 215, a 1996 statewide initiative that decriminalized marijuana use for medicinal purposes. They contend the initiative didn't specify numbers, stating only that medical marijuana use should be "reasonable" depending on a patient's need.


The decision not to enforce Measure B guidelines stems from a local Superior Court case, which challenges the new limits. It cites a May state appellate court ruling that found state guidelines, which Measure B adopted, were unconstitutional.


Whether state officials plan to challenge the appellate court ruling to the state Supreme Court remains undecided.


While state and local officials struggle with implementing medical marijuana guidelines, federal authorities refuse to recognize their authority. Under federal law, marijuana cultivation and possession for any reason is illegal.
 
Multiple Humboldt Raids - Pics PDF Print E-mail
Written by Mr Face   
Tuesday, 24 June 2008

Multiple Humboldt Raids - Pics

 

Seems the rumors are true. Busts all over the area, here's a couple reports. The FBI and DEA it seems are raiding and performing knock and talks. More info coming in.

Salmon Creek


This entry was posted on June 24, 2008 at 9:15 am and is filed under Humboldt , Rural , news and photo. You can follow any responses to this entry through the RSS 2.0 feed.

The bulk of the action seems to be down there.
Kym K has a photo of agents in Salmon Creek.
Eric Kirk is monitoring KMUD. Busts in Redway, including one witnessed by Eric himself. Also there’s apparently a good deal of action out near Whale Gulch.

Last Updated ( Tuesday, 24 June 2008 )
Read more...
 
Feds begin commercial grow house crackdown PDF Print E-mail
Written by Peeking into Desolation Row   
Tuesday, 24 June 2008

Feds begin commercial grow house crackdown

Feds in Fortuna

Feds in Fortuna
June 23, 2008

The FBI is in town. The NCJ blogthing is following the story.

UPDATE: DEA agents left the Eureka Red Lion at around 3:30am Tuesday morning and headed South according to KHUM who got a tip from someone working at the hotel. They were suited up in jackets that said “DEA” across the back.

As for the Feds in Fortuna, they left in a fleet of white SUVs according to screen grabs taken by Hank Sims.

KHUM got call from someone who saw the white SUVs headed west on Briceland Road.

Listen to KHUM for updates, and if you see anything call them at 707-786-KHUM.

UPDATE: Caravan of agents got off in Arcata at Guintoli exit while others headed out 299 according to reports to KHUM.

UPDATE: FBI spokesperson told KSLG the operation is a culmination of a two year investigation targeting large scale grows, not medical marijuana. 27 separate warrants being served throughout the county.
Last Updated ( Tuesday, 24 June 2008 )
Read more...
 
BREAKING NEWS: Final election results released PDF Print E-mail
Written by My only comfort is the night turned black   
Friday, 20 June 2008

BREAKING NEWS: Final election results released

By ROB BURGESS The Daily Journal
Article Last Updated: 06/20/2008 11:44:28 AM PDT

At 9:38 a.m. Friday, the Mendocino County Assessor/Clerk/Recorders Office released it's final offical results for the June 3 election---and nothing has changed from the initial reports.

The hotly-contested Measure B, which repeals Measure G, the county's personal use marijuana law, and sets medical marijuana possession limits in Mendocino County at the state limits of six mature or 12 immature plants and eight ounces of dried marijuana, has passed with 14,577 "yes" ballots (52.16 percent) to 13,369 "no" votes (47.84 percent.)

With 100 percent of the precincts reporting at 12:35 a.m. June 4, Measure B was winning 52.15 percent to 47.85 percent, meaning the measure has actually gained a hundreth of a percentage point since initial results.

Doubt was soon cast on the initial results as the Mendocino County Assessor/Clerk/Recorders Office announced that same afternoon that 10,835 absentee ballots and 439 provisional ballots that had not yet been counted and were not part of the unofficial election results released on election night.

At the time, Sue Ranochak, Mendocino County Assessor/Clerk/Recorder, said it is not uncommon to have this many uncounted ballots once the election is over. During the February primary election, close to 9,000 absentee ballots remained uncounted after election night, she said.

Those ballots did not change the outcome of any of the races either.

The three races for the Mendocino County Board of Supervisors remained similarly unchanged. In the 1st District, Carre Brown will take on incumbant Michael Delbar in the runoff November election with 2,007 votes (36.94 percent) to 1,935 votes (35.62 percent), respectively. In the 2nd District, John McCowen will take on Estelle Palley Clifton later this year with 1,376 votes (33.14 percent) to 1,056 (25.43 percent), respectively. In the 4th District, Kendall Smith held on to her comfortable lead over challenger Paula Deeter to win reelection with 3,435 votes (62.84 percent) to 1,998 votes (36.55 percent), respectively.

Despite the passage of Measure B, opponents have previously said the fight is far from over.

A recent decision by an appellate court found the state medical marijuana limits set forth in Senate Bill 420 unconstitutional, which some argue could pull the rug out from under Measure B. The case in question, People v. Kelly, involves a patient who was convicted of possessing seven plants and 12 ounces of processed marijuana. In its May 22 decision, the Court of Appeal for the Second Appellate District reversed that ruling 3-0 and ordered a retrial for Patrick Kelly, who had a doctor's recommendation for his ailments including Hepatitis C.

Originally passed in 2003, SB 420 was an amendment of Proposition 215 which set state guidelines regarding how much marijuana patients may grow and possess without being subject to arrest. Under the law, medical marijuana patients were allowed six mature or 12 immature plants and up to one-half pound of dried, processed marijuana.

Also known as the Compassionate Use Act of 1996, Proposition 215 was passed on the Nov. 5, 1996 ballot with 55 percent in favor and 44 percent against.
The No on Measure B Campaign issued a statement on the ruling, stating that the ruling effectively strikes down the basis for Measure B.
In turn, the Yes on B Coalition issued its own statement, which called the claims of the opposing camp "absurd."
Last Updated ( Friday, 20 June 2008 )
 
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