Better Climate For Medical
Marijuana Seen By Orange County Register.
Work By Kubby And Others Beginning To Pay Off?
(Marijuananews note: The Register has had great
editorials on the subject, but they also are often more useful in keeping up to date than
much of the "news reporting.")See
California
Constitution Specifically Prohibits State Officials From Using Federal Laws
As An Excuse For Not Enforcing State Laws Like Prop 215 Without A Court Ruling.
Great Orange County Register Editorial.
December 14, 1999
From The Orange County Register
letters@link.freedom.com
http://www.ocregister.com/
BETTER CLIMATE FOR 215
It would be premature to detect a trend in two recent decisions by the Orange County
District Attorney's office not to prosecute key people involved in the Orange County
medical marijuana movement.
The cases against continuing to prosecute Jack Schachter and David
Herrick were so strong that it would have been extraordinary to the point of
vindictiveness to decide otherwise.
The more interesting question -- whether the district attorney's
office and the rest of law enforcement in Orange County are ready to implement the medical
marijuana law California voters approved in 1996 or to engage in a rearguard action
against it -- has yet to be answered satisfactorily.
See
Three Years After
Prop 215 Passed, Orange County Law Enforcement Is Finally Accepting It.
How Time Flies When You Are Not In Pain!
Steve Kubby At Work.
Several developments besides the decisions in the Schachter and Herrick cases leave room
for cautious optimism.
Jack Schachter was a co-founder of the Orange County Patient Doctor Nurse Support Group,
along with Marvin Chavez, whose six-year prison term is now being appealed.
See
Another One We Could
Not Make Up:
Judge Who Sentenced Medical Marijuana Activist Chavez To Six Years
Arrested In DWI. Three Times Legal Blood/Alcohol Limit
The evidence that Mr. Schachter was involved with sales was sketchy at best. And, as
Deputy District Attorney Jim Tanizaki conformed to us, he is terminal with lung cancer and
other ailments.
To continue to prosecute him would have been cruel and pointless.
David Herrick, a former San Bernardino law enforcement officer, had his conviction on
marijuana-sales charges overturned for prosecutorial misconduct. He
has already served his time in prison.
See
California Court
Overturns Conviction Of Medical Marijuana Activist David Herrick
– Prosecutorial Misconduct Cited. No Ruling On Medical Marijuana
Even if a new trial resulted in a guilty verdict, Mr. Tanizaki says, he wouldn't receive
more jail time. What would be the point?
To our knowledge, no medical marijuana patient has been arrested in
Orange County since Marvin Chavez was convicted about a year ago.
However, as retired nurse Anna Boyce, accompanied by Steve
Kubby and other patients, has reminded county supervisors at several meetings recently,
patients still live in uncertainty and sometimes in fear, and will continue to do so until
clear and sensible guidelines, understood by all parties, are developed and implemented at
the county level.
See
Steve Kubby
Acknowledges the Courage Of Anna Boyce
and
AMMA Files Petitions
In 3 More California Counties;
Meets With Orange County Sheriff -- 2 Reports
Guidelines would benefit law enforcement officers as well. Right now, a police officer who
finds somebody growing marijuana plants has difficult decisions to make on the spot, with
little guidance.
Is he obligated to inquire about a doctor's note? What would constitute a valid doctor's
recommendation? How many plants are "too many"? If a decision is made to arrest
the person and let the courts sort it out, should the plants be confiscated? Guidelines
developed in consultation with doctors and legitimate patients would help to answer these
and other questions.
Mr. Kubby has formed the American Medical Marijuana Association to encourage constructive
action at the county level.
See
AMMA Files Petitions
In 3 More California Counties;
Meets With Orange County Sheriff -- 2 Reports
He and Ms. Boyce have met with Sheriff Mike Carona and other county officials.
Other AMMA members have met with officials in San Diego, Humboldt,
Ventura and Calaveras counties, encountering attitudes ranging from cautious openness to
eagerness.
So, even if the Schachter and Herrick decisions were unique to their own circumstances, a
broader, healthier approach to fairly implementing Prop. 215 might just be developing.
Copyright: 1999 The Orange County Register
Supported