Many Felony Pot Cases Getting Tossed Out of Court

[Elmore Furth]

Source: Associated Press

SAN FRANCISCO (AP) -- Police in a northern California town thought they had an open-and-shut case when they seized more than two pounds of marijuana from a couple's home, even though doctors authorized the pair to use pot for medical purposes.

San Francisco police thought the same with a father and son team they suspected of abusing the state's medical marijuana law by allegedly operating an illegal trafficking operation.

But both cases were tossed out along with many other marijuana possession cases in recent weeks because of a California Supreme Court ruling that has police, prosecutors and defense attorneys scrambling to make sense of a gray legal area: What is the maximum amount of cannabis a medical marijuana patient can possess?

No one can say for sure how many dismissals and acquittals have been prompted by the ruling, but the numbers are stacking up since the Supreme Court on Jan. 21 tossed out Patrick Kelly's marijuana possession conviction.


Read more: http://www.nytimes.com/aponline/2010/03/28/us/AP-US-Pot-Cases-Tossed.html?_r=1&ref=news

[mike_c]

1. by this time next year marijuana will be legal here...

...and the long WOD nightmare will begin to end. The marijuana prohibition is the backbone of the WOD. It's truly shocking to consider how many lives have been shattered, not by drug use, but by unnecessary drug prosecution. Soon it will end. It is WAY past time.

[DeSwiss]

8. And let us hope it is the beginning of the end.....

...for these stupid fucked up laws everywhere.

- And you're so right. The so-called WOD is a monument to stupidity.

K&R

[PSPS]

10. I just love the car in that poster!

[lame54]

13. that would be so fucking great...

come on guys - make up for Arnie

[xxqqqzme]

17. Nothing will make up for steroid boy!

I sincerely hope the people of California are over their love affair w/ electing B movie actors as governor. I was in college when the first one was elected. Education got screwed then. It is getting screwed again by this one.

[AlbertCat]

20. That's what we said in 1975!

[Webster Green]

23. 1965

At least that's when I got involved in activism for legalization.

I never imagined it would take so long. The lies are so obvious.

[tabasco]

28. Keep screaming the truth, my brother.

Sweet Jesus, is rational government too much for which to hope?

[kestrel91316]

29. And as CA goes, so goes the nation. Prohibition will end nationwide within 5 years.

[8 track mind]

34. with the exception of texas

gotta feed our prison industrial complex

[tridim]

52. My prediction is still late 2012, after reelection.

It will start with prison reform (as Webb has already hinted) and end with the Federal rescheduling of Cannabis.

[pattmarty]

39. How are you so sure the prop will be passed? I would sure love............

......to see it passed as it will help inspire other more "liberal" states to do the same. From what I've read though, it is not a "sure thing".

[Greyhound]

44. Don't make the same mistake again. Passing the law is only the beginning,

making it stick is where CA. has failed every time.
:kick:

[Vinnie From Indy]

56. +10,000

Well said! It should also be pointed out that a major part of the longevity of these repressive, insane WOD drug laws was the ocean of money STOLEN (confiscated) from people by police, for profit prisons and the thousands of other businesses that made money locking people up and taking their worldly possessions.

[Winterblues]

69. The California that threw out a good Democrat for Ahnold and voted

against gay marriage is going to legalize pot..you got to be kidding.....I'll believe it when I see it and not before...

[ixion]

2. Stop busting pot smokers

and end the so-called 'war' on the American People.

[Mz Pip]

3. Good

The police and courts need to concentrate on real crime, not stupid pot busts. Chances are if these cases ever got to trial there wouldn't be much chance of a conviction.

[longship]

4. R&K

:kick:ed

MI now also has passed med-marijuana. Not sure how it's being handled, but at least it's a positive move.

[PatSeg]

5. CA fired 23,000 teachers,

but it still is wasting money on the arrest and prosecution of pot smokers. We can't afford the prisoners we have now, and they want to throw more people in jail? Our priorities are askew. I think there is enough real crime that can be addressed. Going after marijuana possession is a gross waste of money and resources needed elsewhere.

[Incitatus]

42. Exactly. According to this site the cost is about 49K per prisoner.

http://www.california-criminal-law.com/prisons/index.html

According to this site, teachers in California make from 35-59K.

http://teacherportal.com/salary/California-teacher-salary

[PatSeg]

45. I'm all for keeping violent criminals in jail for as long

as possible, but to waste so much money on people who possess and/or smoke pot is totally illogical. There are statistics (I'm told) that show that rehabilitation of drug users is cheaper and more effective than imprisonment. Of course, I don't think that pot smokers need rehabilitation, but there are people in prison for using other drugs that would benefit from other programs. Prison should be the last resort.

[Incitatus]

54. I agree. I'm wonder how many people are in CA jails for smoking pot.

And if releasing them would save enough funds to they don't have to fire teachers.

[truthisfreedom]

6. Excellent. Time for a sea change.

Time to see this happening nationwide.

[L0oniX]

7. Now quit wasting the fucking courts time and go get some real criminals for a change!

[pipoman]

30. There are a lot of good reasons to legalize it

but, the US isn't exactly known for their low prison populations..how about legalize it and fire a few cops (the ones that need firing at least)?

[Mike K]

61. No need to fire any cops.

There is plenty of real crime going on, much of which would be prevented by the presence and attentions of the tens of thousands of Federal, State, municipal and local cops whose time is being wasted enforcing marijuana prohibition. How many rapes, robberies, burglaries and assaults took place in America while the cops who could have intervened were busy arresting and processing marijuana "offenders?"

This is a goddam shame.

[pipoman]

63. I disagree...

very few crimes go unsolved and those that do, wouldn't change with more cops. I for one, don't want cops looking for something to do, they will find something even if it doesn't need doing. The WOD law enforcement, jail, prison, court services budgets need to be dramatically reduced and the money sent to chemical dependency programs and mental health programs, which would further reduce the need for so many cops.

[Mike K]

65. The word, "solve," is out of place where the most common -

- category of crime is concerned, because the police don't even try to "solve" every burglary, every mugging, every car theft, etc. Of the millions of street crimes committed in America per annum less than ten percent of the perpetrators are ever apprehended.

"Solving" street crimes is an unrealistic objective. Preventing street crimes is not. And the way to serve that purpose is enhanced police presence in high crime areas.

I believe your objection to enhanced police presence is based on what appears to be an innate dislike for police. Could be you have good cause to feel that way. But if your experience and/or observations of police conduct has been negative the reason for that is probably bad management at the supervisory levels. When I suggest an increased police presence I presumptively refer to a well-managed deployment.

There is no need to "fire" all the DEA and BATF agents. They can be transferred to other agencies, such as ICE, Border Patrol, Park Police, etc. As for state and municipal cops, the regular attrition rate will enable retention of any redundancy. But for the most part I don't believe there would be any redundancy, because the more cops there are on patrol the safer the streets will be.

[pipoman]

66. No,

I really don't dislike police at all. I worked as a defense investigator for 15+ years. I came in contact with many police over those years. Out of the hundreds I came in contact with (perhaps even thousands), I only had maybe 6 bad experiences. I also witnessed first hand the effects of bored cops. Bureaucracy protects itself. Maybe part of the budget should be redirected to other policing needs, but huge portions of the current LEO funding goes to drug enforcement, huge..enough to make a difference in a prevention effort.

Additionally the role of police isn't to protect or prevent, the role of police is to investigate crime after it has occurred and build criminal cases for the prosecutors. Now if a cop happens to be in the right place at the right time, they may come to someones aid and in doing so, would be protecting them. The same can be demonstrated of law abiding citizens who have training to protect those less able to protect themselves...they don't have to have on a uniform to help, and in most cases don't.

The causes of crime must be addressed. Those would include addiction and mental health issues among other things, but these are the 2 biggies which are dramatically under funded IMHO. Without adequate, available and affordable drug treatment and mental health treatment we will not effect crime in a meaningful way, again IMHO.

We have spent the last century fighting crime through incarceration/execution after the fact and calling it "corrections" instead of trying to prevent crime by recognizing and treating those who commit it before they do.

[boppers]

9. What's the maximum amount of Oxycontin a person may have? Tegretol?

Does CA have limits on other medicines, where possession of that medicine exceeding the limit is criminal in and of itself?

(I honestly have no idea)

[Jackpine Radical]

21. I'm sure there are limits for scheduled drugs

of which oxy is one and tegretol is not.

They control stuff like morphine, codeine, amphetamines, etc. because they are so-called "crugs with abuse potential"--that is, drughs people will take because they like them.

[Mike K]

62. I don't know about Oxycontin -

- but I have over sixty Oxycodone (Percocet 5/325) tablets now.

I really don't know the difference between the two drugs but I have spinal stenosis and I take one or two Percocets a day for pain. My doctor prescribes sixty at a time every two months and I just got re-supplied.

[The Wizard]

11. Looks like another

police fund raiser is shutting down. They have to go back to speed traps.

[harry_pothead]

12. The Shasta DA wants a clear line? I got a clear line:

Go prosecute real crimes.

[XemaSab]

26. He's not going to be the DA after the next election

http://www.redding.com/news/2009/nov/13/girl-tried-in-shelby-lyn-allen-alcohol-poisoning/

[pscot]

14. The drug war is full employment guarantee

for cops, prison guards and narco-trafficers. Say goodnite, Harry J. Anslinger.

[kath]

24. yep - the prison-industrial complex LOVES, loves, loves the WarOn(Some People(especially black ones)

WithSome)Drugs.

Privatizing prisons- what a freakin' horrendous idea THAT was! Was that another one of the debacles-that-keep-on-giving from the RonnieRayguns era?

[harry_pothead]

35. I call it the War on Unpatented Drugs

Or War on Young and Brown People that do Hippy Drugs

[slay]

15. Legalize it!

[Lindsey]

18. It's ridiculous that it's illegal in the first place. I'm glad I live here

and will be able to vote YES!

[slay]

43. slay high-fives Lindsey!

yeah the rest of the country is watchin - i hope yall can do it! :woohoo: :hug:

[skepticscott]

16. California spends almost $50,000 a year

to house an inmate in a state prison system that's already horribly overcrowded, and a huge drain on a strapped state budget. A significant part of that problem comes from locking up people for marijuana-related crimes. It's simply unsustainable, not to mention crazy.

[ooglymoogly]

19. The WOD was the beginning of the end of this country

It made us accept the beating down of doors on any laughable ruse, on search and seizure missions and the arrest of men women and children who are and were, otherwise law abiding citizens; But mostly in poorer neighborhoods. Allowing our police force to seize homes and cars and private property of even the poorest, in the guise of the war on drugs, leaving women and children in the streets. It was the pretext for the beginning of the unraveling of our constitution. It gave us the largest prison population in the world. The cost of this debacle is incalculable in treasure and human lives dead and ruined. 9/11 was only the coup de grace. It should have never happened; It is way past time for folks to wake up and smell the harmlessness of pot and put an end to this 3 stooges war on the people of this country; But in this case the stooges have real and deadly weapons and they are no comedy. We can never forget what has happened here and who made it happen and how it destroyed our country.

[kath]

27. +A Brazillion.

Was saying this just yesterday to hubby - only you expressed it much better.

Wish we could nominate individual posts. I'm bookmarking this thread so that it will be easy to find your post again.

[pipoman]

32. and

liberals, Liberals, Democrats and Progressives should all be able to agree that rather than saying, 'go catch some real criminals' we should all be demanding reductions, serious reductions in law enforcement, prosecution, prison, court services, and every other related system in this country. Fund addiction programs and mental health facilities. With better availability to these services I would bet on overall crime reduction...which would again justify the reduced budgets above.

[defendandprotect]

22. I'll be on jury duty in June . . .

and I always make clear that I am on the side of legalization of drugs/plants . . .

and for jury nullification.

[harry_pothead]

36. Don't make it clear.

You'll get kicked off the jury before you get a chance to nullify a WoD witch hunt.

[defendandprotect]

57. Will depend on the case . . .

as to what I will do --

If asked, it's what I say --

[Mike K]

64. If you think announcing your inclination to nullify -

- will get you off jury duty you are mistaken. You will be diverted from criminal court to civil court where the cases are drawn out and often are excruciatingly boring.

Better you just go along with the program and project a very ordinary persona through the voir dire (evaluation). Keep your orientation to yourself and, as you've indicated, let the circumstances of each case influence your action. Chances are you will be inclined to convict in the majority of cases because they involve scumbags who go through life harming others. But if you're lucky you will have the opportunity to free someone who doesn't deserve to be punished -- and that is a good feeling.

[defendandprotect]

67. Some suggest that it can . . .

I'm willing to serve.

[Vincardog]

51. Why make it clear? That harms your chance of doing any real jury nullification.

[defendandprotect]

58. Not looking to get tied up

with a drug case for 6 months or so --

Will depend on the case --

It also seems to make an impact on the Judge and lawyers -- and the audience of

many others waiting to hear that.

PLUS, I speak with as many potential jurors as I can during the time we are waiting.

[XemaSab]

25. The Shasta County DA, Benito

is going to get thrown out in the next election.

He's made some BAD choices about which deaths to prosecute.

[liberalhistorian]

38. Xema, I'm not in CA but I read the link you posted upthread

and then did some reading about him and I totally agree about his bad choices of prosecution. Being in the legal field, I see that happening all the time, unfortunately. Do you know whatever happened in that case that you posted, was the teenage girl found guilty after that ridiculously absurd prosecution?

[XemaSab]

40. After deliberation, the judge dismissed the case

in late November of last year.

It was originally announced that Benito was prosecuting her on May 27th.

So months and months of court time and months in the life of Shelby's friend were wasted. :(

http://www.redding.com/news/2009/nov/13/girl-tried-in-shelby-lyn-allen-alcohol-poisoning/

[liberalhistorian]

49. I am very glad to hear that, what a bullshit

prosecution. Then again, it's not like there aren't prosecutors who use their positions to push their own bullshit agenda instead of pursuing actual blind justice. The states attorneys (SD term for prosecutors) here in South Dakota are mostly complete ninnies who are either pushing political agendas or who are too dumb to be prosecutors.

[pipoman]

31. I hope that with this legislation

a forced reduction in law enforcement officers to compensate rather than maintaining the same force just spreading it out. With the lower law enforcement budgets and jail closings should be addiction treatment and mental health facilities opening, the tax on the product being used for this too..

[Shining Jack]

33. That's a start. nt

[alp227]

37. A step in the right direction

With the crime lab scandal in the SFPD the lesson learned is that the War on Drugs = the biggest joke in American law since Prohibition. Now it's time for the taxpayers to get rid of the silly anti-marijuana law and get more money in education and less into locking up nonviolent drug users.

[fascisthunter]

41. how many beers am I aloud to have at any one time in my own house?

confusing

[Mopar151]

Especially if you live in a state which bans beer sales on Sunday

Are you a bootlegger, or just powerful thirsty?

[fascisthunter]

53. actually, I don't drink anymore, but the analogy fits

also, we can buy beer on Sundays in Boston, MA...

[Mopar151]

47. Especially if you live in a state which bans beer sales on Sunday

Are you a bootlegger, or just powerful thirsty?

[Spirochete]

46. Felony pot cases

that term should be an oxymoron in the first place.

[Hubert Flottz]

48. Oh Gawd...

I forgot what I was going to saaaaa...err...oh yeah...


What will we do when all them pot heads jump out the window?

[lonestarnot]

50. Now there are some cost cutting measures that actually make sense for the budget.

[femrap]

55. Legalize it, tax it

appropriately, and balance the budget by next year! Oh...and watch crime rates decline as well.

Alcohol is so much worse than pot...creates violence, liver disease, etc.

[varelse]

59. This is good news

[iscooterliberally]

60. Until the War on Drugs is ended in full

we really can't consider ourselves to be a free country. It's more like a fascist police state.

[NikRik]

68. In a truely free country ....

any adult person would have the right to take any drug they want to . Now I know some drugs like crank (speed) and many perscription drugs that ceate addiction problems its hard to imagine everyone having access to ,however with certain regulations in place I believe a adult should have right to request which ever medication or drug they desire ! Legalizing pot is a no-brainer ,it never should have been illegal in the first place ,there has been no deaths from the use of this drug and any violence surrounding pot is due to its leagal status and should be blamed on the almighty dollare! Iam going to be sure to vote yes on legalazation in November here in California ! I believe it stands a pretty good chance of passing . Then we have to deal with the corperate take over of growing and suppling of pot ,and them pushing the small town growers out. This is where our goverment comes in and should protect the small suppliers and prevent a momopoly of the growing and distribution of the harmless weed !
NicR