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Old 05-01-2008, 10:00 PM   #1
tokinGLX
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Default cops ordered to give marijuana back to patient **updated with vid**

yesterday a friend of mine went in to court. he ended up pleading guilty to possession of 8 or more ounces of marijuana, and is now serving a sentence of 15 days in jail. the good news is that all other charges were dropped and the judge ordered the return of all evidence seized, including all grow supplies, a laptop and a desktop computer, pipes, bongs, bubbles, misc smoking devices and a vaporizer as well as the marijuana and plants that were taken. yup, thats right, the marijuana that just earned this man a felony conviction is now being judge ordered to be given back to him.

the story on trying to get it back, well, that all goes about as smoothly as one would expect(yeah, the cops(and da), they werent too happy about it and stalled as much as possible. but that is a long story, im not on my computer right now(i hate laptops) and i have a bunch of other things to do at this moment, so it will be told another time.

this is the second time in the past year in this state that the court has ordered ALL items to be returned to the patients as covered under the current state medical marijuana law

UPDATE
--
here is the video of the transfer of the marijuana(and the vapeash) back to the patient in the police station.
http://www.youtube.com/watch?v=oaceZv5I83Y
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Old 05-01-2008, 10:08 PM   #2
Ultrashock
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Default RE: cops ordered to give marijuana back to patient

Ok so, they take his weed convict him of a felony and give it back? Wtf? Is this the clashing of the state and federal gov?
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Old 05-01-2008, 10:08 PM   #3
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Default RE: cops ordered to give marijuana back to patient

that makes no sence..... how can they give it back but make him serve time for it? man our gvnmnt is f'd up
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Old 05-01-2008, 10:12 PM   #4
nghtrnnr
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Default RE: cops ordered to give marijuana back to patient

makes perfect sense...its medicinal marijuana....prescribed by a doctor...why not give it back? whats the 15 day sentence for? obviously not for the weed....did he fight the cops during the arrest? lil disorderly charge? maybe a prior warrant?
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Old 05-01-2008, 10:14 PM   #5
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Default RE: cops ordered to give marijuana back to patient

This is really dumb. If you have ever seen the documentary "Super High Me"...you would see that the DEA comes into California and shuts down local despenseries because they do not recoginze it on the federal level.
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Old 05-01-2008, 10:49 PM   #6
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Default RE: cops ordered to give marijuana back to patient

Exactly... Colorado, Telluride and Denver's laws on weed and california's **** is all just a political maneuver...It means nothing in terms of enforcement. The laws are actually illegal. Becuase State and local laws can be more strict but not more leniant than federal law. And federal law supercedes state and local. In addition, state and local LEOs cannot pick and choose which federal laws to enforce.

This is how it is supposed to work... Most of the time on things like drug enforcement it does work like this... But when it comes to deporting illegal aliens and reporting them to ICE somehow they see that as a bad thing.... I'm going to stop typing before I get angry. [:@][:@][:@][:@][:@][:@]
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Old 05-02-2008, 10:04 AM   #7
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Default RE: cops ordered to give marijuana back to patient

Quote:
ORIGINAL: nghtrnnr
whats the 15 day sentence for? obviously not for the weed....
did.....you even read the op((upside-down question mark that i cant do on this laptop without taking 5 steps too many))
....im guessing not, as it tells EXACTLY what the 15 day sentence was for.

here is the story the local paper printed, front page style
http://www.craigdailypress.com/news/...ned_craig_man/
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Old 05-02-2008, 10:49 AM   #8
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Default RE: cops ordered to give marijuana back to patient

Nice!


Reading the article reminded me - how much are caregivers allowed to possess/grow at a time?
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Old 05-02-2008, 10:58 AM   #9
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Default RE: cops ordered to give marijuana back to patient

Well I guess double jepardy would keep him from being arrested
for the same weed they gave back to him and have already convicted him for.

Cant be tried twice for same crime, lol .......... he could go smoke it on the police station steps

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Old 05-02-2008, 11:00 AM   #10
tokinGLX
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Default RE: cops ordered to give marijuana back to patient

Quote:
ORIGINAL: Ultrashock

Ok so, they take his weed convict him of a felony and give it back? Wtf? Is this the clashing of the state and federal gov?
no, by the way. this was strictly a state case.
a little more on what happened, when we went to pick up his stuff, we showed them(at the police station) the court order that said he was entitled to his belongings. they played hardball, said that they needed a faxed official court order from the courthouse. we went to the courthouse and the clerk said the paper my friend had in his hands was the official cort order, signed by the judge and all.
return to cops and now they are MUCH more willing to comply with us. 45 minutes of waiting later they come out and say that the da is not willing to consent to the court order, they say that they will allow everything BUT the marijuana and the plants. because the schedule of my friends lawyer was so busy, he was unable to attend this property transfer and had been in court on the other side of the state all morning. when he got word of what was happening, he was fumed and awhile later the cops come out with a revised order saying that my friend can get some of the marijuana back, but they(the cops) had ABSOLUTELY no idea how much my friend was entitled to legally have under state law. we explained the law to them, they said it doesnt matter what we tell them, we had to give them printed proof of the law in order to release his medicine. (how often do you hear law enforcement tell you 'ignorance is no excuse'......)
we told them that we could show them in under 2 minutes if they would let us show them on a computer with internet access, that was met with some bull**** excuse. we told them the number to call and who to ask at the state health department, that was met with some bull**** excuse. so we went home, got high, called the lady at the state health department and had her fax the documents to the cops. went back and now they were very, very eager to complete the transfer and get it over with. but of course, that went about as well as one would expect it would....cops with pot, and every little thing with thc(vaporized remains of pot) choosing what to give back to the patient. the law states that a patient can have 2 ounces of dried marijuana, so they gave hi'm one ounce of good usable medicine, and one ounce of the spent vapeash.
my friend was very busy that day(he was planning on surrendering himself to start the sentence later that day) so he didnt want to sit around and argue with them about how worthless the vapeash was, so he just smiled and left.
i got all of this on video, by the way
(':

just gotta try to make it back home today, lots of snow got dumped on the mountains the night i came out here, there was a pretty massive type accident on the freeway going back, so i was stuck here one night, hopefully things will be smooth driving for me on the way back. no worries tho, it aint an adventure if youre not truely scared for your life at least once along the journey

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