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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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1 posted on 01/06/2003 9:53:14 AM PST by MrLeRoy
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To: *Wod_list
Wod_list ping
2 posted on 01/06/2003 9:53:33 AM PST by MrLeRoy
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To: MrLeRoy
--Donovan No Runner--
Just Say No?
3 posted on 01/06/2003 10:14:11 AM PST by Jack Wilson
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To: Jack Wilson
just say no to the Police State
4 posted on 01/06/2003 10:22:36 AM PST by vin-one
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To: Jack Wilson
I'm sure he wishes he could "just say no" to his illness.
5 posted on 01/06/2003 10:22:39 AM PST by MrLeRoy
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To: Wolfie; vin-one; WindMinstrel; headsonpikes; philman_36; Beach_Babe; jenny65; AUgrad; Xenalyte; ...
WOD Ping
6 posted on 01/06/2003 10:56:03 AM PST by jmc813
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To: jmc813
Just plain cool. That this guy had the nuts to go up against the state for 8.4 grams is amazing. And yet again the budget crisis serves to limit government. Calls for a round of tax evaders!

EBUCK
7 posted on 01/06/2003 10:59:47 AM PST by EBUCK
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To: MrLeRoy
But police were concerned that handing the pot over to No Runner would violate a federal law prohibiting the distribution of controlled substances.

Right, just like they get real concerned about violating federal weapons laws when the do gun "buy-backs". Give me a break.

8 posted on 01/06/2003 11:03:44 AM PST by MileHi
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To: MrLeRoy
But police were concerned that handing the pot over to No Runner would violate a federal law prohibiting the distribution of controlled substances.

Heck, do it the way I get mine, in the back booth at the local Denny's.

9 posted on 01/06/2003 11:51:55 AM PST by Wolfie
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To: MrLeRoy
Not if he keeps taking marijuana to treat bipolar disorder.
10 posted on 01/06/2003 11:56:30 AM PST by robertpaulsen
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To: Wolfie
Heck, do it the way I get mine, in the back booth at the local Denny's.

Order the extra grand slam breakfast?

11 posted on 01/06/2003 12:01:59 PM PST by realpatriot71
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To: robertpaulsen
Not if he keeps taking marijuana to treat bipolar disorder.

On what expertise is your opinion based?

12 posted on 01/06/2003 12:05:35 PM PST by MrLeRoy
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To: MrLeRoy
Smoking dope for BIPOLAR? Now I've heard everything.
13 posted on 01/06/2003 12:07:16 PM PST by AppyPappy
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To: MrLeRoy
"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."

14 posted on 01/06/2003 12:12:33 PM PST by robertpaulsen
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To: AppyPappy
Smoking dope for BIPOLAR? Now I've heard everything.

The person who prescribed it has an M.D. What is your expertise on the matter?

15 posted on 01/06/2003 12:12:43 PM PST by MrLeRoy
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To: MrLeRoy
What's the doctor's name?
16 posted on 01/06/2003 12:14:18 PM PST by AppyPappy
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; FreedomPoster; Timesink; AntiGuv; ...
You put yer weed in it!

"Hold muh beer 'n watch this!" PING....

If you want on or off this list, please let me know!

17 posted on 01/06/2003 12:14:45 PM PST by mhking
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To: AppyPappy
What's the doctor's name?

Doctor Ben Tokin :o)

18 posted on 01/06/2003 12:15:54 PM PST by Poohbah
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To: robertpaulsen
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."

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.

19 posted on 01/06/2003 12:16:06 PM PST by MrLeRoy
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To: AppyPappy
What's the doctor's name?

I don't know. What does it matter?

20 posted on 01/06/2003 12:16:55 PM PST by MrLeRoy
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