TGR 71 News and Information

[Mrs.Z]

Weekly Round Up
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b. Luke Scarmazzo and Richard Montes Will Not Be Retried on Conspiracy Charges
On Monday, Luke Scarmazzo and Richard Montes were in court for a Motion for a Speedy Trial Hearing for Retrial on Conspiracy count. Scarmazzo and Montes had been tried in federal court last month. While the jurors had deadlocked on the conspiracy counts and acquitted on the firearms counts, they delivered a grand total of eight guilty verdicts against the defendants, including a conviction for continuing criminal enterprise, which puts Scarmazzo and Montes at risk of life imprisonment.
Here is Vanessa Nelson's account of the hearing:
Rather than going to trial right away, federal prosecutors have decided to ditch the plan to re-try former dispensary owners Luke Scarmazzo and Ricardo Montes on conspiracy.

Both defendants were imprisoned a month ago, following the first trial of medical marijuana dispensary operators in federal court. Oddly enough, the jurors handed down convictions on several weighty felony charges, but failed to return verdicts on conspiracy to manufacture marijuana, distribute marijuana, and possess marijuana with the intent to distribute. Shortly after the trial concluded, Assistant U.S. Attorney Kathleen Servatius revealed that Scarmazzo and Montes would be re-tried on this conspiracy count, but the defendants’ refusal to waive time threw a wrench in the works. Unable to find a way to avoid a speedy trial, Servatius announced yesterday that the government would dismiss the conspiracy count for both defendants “in the interest of justice.”
Please read the full story at Medical Marijuana of America's website.
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c. California Medical Marijuana Program Launches New Website
The California Medical Marijuana Program recently launched a new website. The site has several new features, including:
• A map tracking counties that have implemented the ID card program and those that have not.
• Statistics on state ID cards issued, by year.
• A more user friendly directory of county programs.
Interestingly, while 10,274 ID cards were issued in the fiscal year 2006/2007, this number dropped to 6,836 for 2007/2008. This drop in registration is possibly due to the fee increase that was implemented by the California Department of Public Health in March 2007.

For further information on California's medical marijuana ID card program, please visit www.AmericansForSafeAccess.org/CAIDCard.
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d. With All Votes Counted, Mendocino's Measure B Passes
Two weeks ago, we reported that Measure B in Mendocino County appeared to have passed, but there were still more than 10,000 ballots to be counted. The final votes were counted today, and the measure passed with 52% of voters voting for the measure and 48% voting against it. Measure B lowers the plant limits for medical marijuana patients from 25 plants to the state limit of 12 immature or six mature plants and eight ounces of dried marijuana.

Though the ballot initiative has now passed, advocates may challenge it in court, based on the recent ruling in People v. Kelly.

Drugs found growing in church hall
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Saturday 21st June 2008 - UK

Bradford’s biggest skunk cannabis factory has been found by police in a former church hall.

Officers acting on a tip-off carried out a raid on the building opposite St Matthew’s Church in Carbottom Road, Wibsey, and discovered about 2,000 plants with an estimated street value of more than £500,000.

Detective Inspector Neil Benstead, of Bradford District Drugs team, described the seizure as “significant”.

The swoop was carried out by officers and helped by the district drugs team who have now taken on the investigation.

Ward Councillor Ralph Berry said of the seizure: “This building was a former church hall which was sold off by the Church to private individuals some time ago. I used to work very close to there. I am very glad to hear that such a big raid has been carried out and that such a significant reduction in supply has been made. I would like to congratulate the police on this operation. I am very concerned about illegal drugs, particularly if they are discovered in my ward.”

Yesterday Bradford magistrates remanded En Sheng Chen, 24, of no fixed address, in custody for seven days in connection with the seizure.

Chen, who has long black hair, appeared in the dock wearing a zip-up khaki jacket.

He was charged with producing cannabis plants and being in possession of an offensive weapon.

He listened to the proceedings through an interpreter.

No application was made for bail. A committal hearing has been scheduled for Bradford Crown Court on July 25.

A 16-year-old girl, who is linked to the case also appeared before magistrates. The girl, who cannot be named because of her age, was remanded into local authority care.

Det Insp Benstead said the raid sent out a clear message that police teams were “as pro-active as ever” and were continuing to take large quantities of drugs from Bradford streets.

Prisoner Pinched by Police For Parcel of Pot Around His Penis
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06/21/2008 - Germany



34-year-old Christopher Williams was caught trying to sneak marijuana into prison. His penis, which had nine grams surrounding it, was discovered as he was being checked in. Police caught up with the man after he skipped out on multiple court dates.

No drugs were recovered from Williams at the time of he was found and arrested by authorities, nor did he say anything. The Dartmouth Provincial Court in Halifax charged him with smuggling drugs into prison.

At his court appearance, his lawyer told the judge that Williams, who said the entire thing was "all a misunderstanding," realizes now that police should've been told earlier on about his hidden package. He received a 30-day prison sentence.

AG Rules Hemp Bill is Legal Posted by CN Staff on June 21, 2008 at 16:50:28 PT
By Peter Hirschfeld, Vermont Press Bureau
Source: Times Argus

Montpelier, VT -- A constitutional dispute surrounding the so-called hemp bill has finally been resolved, paving the way for Vermont to become only the second state in the country to allow its farmers to grow the crop.
Gov. James Douglas, a critic of the hemp bill, had said the measure flies in the face of federal statutes and could ultimately complicate marijuana eradication efforts in the state.

Despite his opposition, a Douglas spokesman said that the bill didn't rise to the level of a gubernatorial veto. And though he wasn't willing to sign the bill himself, Douglas forwarded the legislation in early June to the secretary of state for her to enact the bill into law without his signature.
But Secretary of State Deborah Markowitz said it was unclear whether the Vermont Constitution requires a gubernatorial signature or not. When the bill arrived at her office about two weeks ago, Markowitz sought legal advice from the Office of the Attorney General to make a ruling.
On Friday, William Griffin, chief assistant attorney general, said in a letter to Markowitz that Douglas did indeed abide by constitutional protocol and advised her to make the hemp bill law.
At issue was the so-called "pocket veto," a constitutional provision that allows a governor to squelch a bill simply by not signing it.
Griffin said in his letter that the pocket veto does not apply in this instance. The governor did not return the unsigned bill to the Legislature, according to Griffin, but rather forwarded it to the secretary of state, indicating his tacit approval for it to become law.
"(The hemp bill) became law without the Governor's signature because the governor did not return it with objections …" Griffin wrote. "Given the governor's message to the House, that is the result the governor intended."
The bill legalizes hemp in Vermont, but that doesn't mean residents will be able to grow it. Federal statute, which supercedes state law, classifies hemp as a Schedule I narcotic and prohibits its cultivation.
Hemp, which is used to produce a wide variety of fibers for clothing and other purposes, is the same species as marijuana but is a variety that has virtually none of the ingredient that allows users to get high. Numerous farm advocates say growing hemp could provide a boost for Vermont's farm economy.
Amy Shollenberger, head of Rural Vermont, lobbied on behalf of her farmers' organization to get the hemp bill passed. She applauded Griffin's opinion Friday and said Rural Vermont will now put pressure on the state's congressional delegation to get the federal ban on hemp cultivation overturned.
"We're really excited the bill will be allowed to go through," Shollenberger said. "And we're
Full Senate Vote
http://cannabisnews.com/news/thread23895.shtml
Webb Urges Fresh Look at The War on Drugs
Posted by CN Staff on June 20, 2008 at 05:35:54 PT
By David Lerman
Source: Daily Press

Washington, DC -- Virginia Sen. Jim Webb began building a public case Thursday to change the nation's drug laws to stress treatment over incarceration for nonviolent offenders.
The freshman Democrat held a hearing of the Joint Economic Committee to solicit testimony from prosecutors and scholars who argued that the decades-long emphasis on incarceration has been costly and ineffective.

Reefer Madness: Hailey Sues Hailey Posted by CN Staff on June 20, 2008 at 05:20:37 PT

[Mrs.Z]

By Michael Ames
Source: Idaho Mountain Express

Idaho -- Hailey has a drug problem. To refresh your short-term memory: In late May, for the second time in eight months, Hailey voters approved three measures to loosen city laws governing marijuana. Specifically, the initiatives seek to legalize medical marijuana and industrial hemp and set the enforcement of marijuana laws as the lowest police priority.
The lead in Terry Smith's May 28 Idaho Mountain Express story said it all: "New election, same results."
Okay; basically what has happened in Hailey Idaho; is that they have held 2 different elections with these three Pot related initiatives. Both times they have passed; I don’t know by how much, but they passed. The chief of police, Mayor Davis and Councilman Keirn are so upset by this that they have filed a law suit against the city of Hailey by the city of Hailey! They are objecting to the Democratic process!!! Is this not the most ridicules thing you have ever heard of???


California -- For years various jurisdictions and law enforcement agencies have dragged their feet when it comes to implementing California's Proposition 215, the initiative passed by voters in 1996 that allows patients with a recommendation from a licensed physician to grow, possess and use cannabis, or marijuana, without legal penalty. Last year three California counties, San Diego, San Bernardino and Merced, announced they would challenge the initiative itself, on the grounds that it is in conflict with federal law, which still — in defiance of the best scientific evidence — classifies marijuana as a drug with no known medical benefits and illegal under any circumstances.


Now that they have taken their case to the state appellate court level (having been rebuffed at the Superior Court level in December), however, their case is much more modest. Instead of challenging Prop. 215 itself, they are challenging a 2003 state law, Senate Bill 420, that sought to implement the law. Among other provisions, SB420 requires counties to set up a program to screen patients and issue patient ID cards. The program is voluntary, in that patients are not required to apply for cards, but the idea is that having a government-issued card will make encounters with law enforcement easier for all concerned.

San Diego and San Bernardino counties — Merced has dropped out of the suit and begun issuing ID cards — argued before a three-judge panel of the 4th District Court of Appeal in San Diego on Tuesday that this provision requires them to break federal law by aiding and abetting the use of a drug that is still strictly prohibited under federal law. They also argue that SB420 illegally changes Prop. 215, because under the California constitution only the voters can change a law approved by the voters through the initiative process. The appellate panel has 90 days to hand down a decision.

The two counties may have a case, although it's a stretch on both counts. Courts have ruled, for example, that when the police are required to return medicine to patients they are acting as agents of the court and bear no legal liability. Insofar as SB420 makes ID cards and guidelines voluntary rather than mandatory for patients, it doesn't change the law but only implements it. But however the court decides on those issues, the good news is that when this suit is settled, California's basic medical marijuana law will still be in place.

A provision of the California constitution requires state and local officials to enforce state law rather than federal law when a perceived conflict exists with federal law, unless and until a court rules that federal law supersedes and invalidates state law. That hasn't happened, and it's not going to happen. State and local officials who are still dragging their feet need to do their duty and comply with the law.

Note: Two counties argue that implementing Prop. 215 would force them to violate federal drug laws.

Source: Appeal-Democrat (Marysville, CA)



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Source: Idaho Mountain Express

cannabis Idaho -- Hailey has a drug problem. To refresh your short-term memory: In late May, for the second time in eight months, Hailey voters approved three measures to loosen city laws governing marijuana. Specifically, the initiatives seek to legalize medical marijuana and industrial hemp and set the enforcement of marijuana laws as the lowest police priority.

The lead in Terry Smith's May 28 Idaho Mountain Express story said it all: "New election, same results."

But Hailey city elders—Police Chief Jeff Gunter, Councilman Don Keirn and Mayor Rick Davis—continued to defy the fresh, sticky laws by maintaining a lawsuit against the city.

In short, Hailey is suing itself. Dysfunction is rarely on such easy display.

But what to do about it? This newspaper's editorial board advised Hailey against endorsing the measures, lest more tax dollars be spent on the city's self-recrimination. As financial advice goes, fair enough.

But frugality is not the main issue here, nor is it the motive behind plaintiffs Gunter, Davis and Keirn's lawsuit. Theirs is instead a mixed signal. Part Nancy Reagan finger-wag (Just Say No) and part desperate denial (this can't be happening, this can't be happening), these Deciders are going to lengths to quash democratic action.

Granted, their concern is not totally unwarranted. The pot referendums stand in direct opposition to state and federal law and present a real puzzle for local government. A Hailey city press release reminded everyone that the voters' wishes are "illegal because they are contrary to the general laws of the state of Idaho and the United States."

Right, we got it: Drugs are bad. But this was not a vote to approve child labor, dog-fighting or public duels. Such efforts would surely fail, despite Hailey's wide, duel-friendly boulevards.

The reefer vote passed to sanctify into law a de facto practice. Had the plaintiffs simply accepted the mandate, not much would have changed in Hailey. Lighters would have kept right on sparking, bongs bubbling and the valley would go on living its life.

Pot reform is common in America. More than a dozen states have legalized forms of medical marijuana and industrial hemp. Possession has been decriminalized to some extent (i.e. no arrests for first offenses) in a full dozen states including Nebraska and Mississippi.

Mississippi!

Yes, Idaho is a very conservative state and, yes, the state Legislature harbors several dinosaurs (explaining the current Statehouse expansion). But even conservatives agree that the most effective form of government is that which is closest to the people. Now that Hailey has spoken for change—twice—a select few have decided that they don't like what they hear.

Thomas Jefferson is always good for a quote. Here's one: "Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the form of kings to govern him?"

The chief of police, Mayor Davis and Councilman Keirn are tireless public officials. No doubt, they work harder than anyone to ensure Hailey's safety and prosperity. Perhaps they are simply looking out for the town's best interests.

But they haven't said that. Keirn hopes that a judge will clean up the whole mess, rather than uphold Hailey's dubious dope distinction. "I'd like to get it behind us," he said.

They didn't want to rock the boat, but by filing a lawsuit against the democratic process, these official may have overcorrected.

Note: The reefer vote passed to sanctify into law a de facto practice.

[Mrs.Z]

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Source: Hudson Valley Press

medical Albany, NY -- The New York Assembly passed a bill today that would protect New Yorkers with life threatening or debilitating conditions from arrest for using medical marijuana when their doctors believe it would be the best treatment option, 79-48.

The bill is similar to the medical marijuana bill the Assembly passed last year. The version passed today was modified to address concerns voiced by members of the Senate, who have until June 23 to pass the bill before the legislature recesses.

"Every day that goes by without this sensible, compassionate law is a day in which our most vulnerable citizens must choose between suffering debilitating pain or risking arrest in order to find relief," said bill sponsor and Assembly Health Committee Chair Richard N. Gottfried. "These patients don't have the luxury of waiting another year for their elected representatives to act – they need the Senate to stand up for them now."

Dr. Kevin Smith, a Saugerties psychiatrist who has been recognized by the state legislature for his work with police forensics, said the bill would change the lives of people like him who have no better pain relief options.

"Unless you or a loved one has experienced it, it's difficult to understand the frustration and helplessness that comes from knowing that relief is readily available but forbidden by law," said Smith, who suffers from a painful genetic defect that causes his immune system to attack his spine and hips as though they were foreign bodies; the debilitating pain forced him to quit practicing medicine. "Medical marijuana can give me my life back, but right now I am barred by law from using it. This is crazy."

Glenn Amandola, a medically retired New York City police officer from Northport who suffers from chronic pain and a seizure disorder after being injured on the job in 1987, said it makes no sense for the law to prevent him from using medical marijuana when his doctor says it could help.

"As an officer with the New York City Police Department, I swore to uphold state law, and I'll never break that oath," he said. "The flip side to that, however, is that our lawmakers owe it to people like me who live in constant pain to make sure the law doesn't penalize us for seeking relief. I should have the right to decide for myself – with my doctor – what my best treatment options are."