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| Medical Marijuana User Held |
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Posted by FoM on July 03, 2001 at 15:58:20 PT By Maline Hazle, Record Searchlight Source: Record Searchlight 
A medical marijuana user acquitted of growing 240 pot plants last year was booked into Shasta County Jail, this time after Redding police say they found 20 plants in his back yard.Sunday's arrest of James B. Hall, 40, of Redding was based on what police said was a probation search. But attorney Eric Berg said Monday that Hall is not on probation, pending his appeal of the charge he was convicted on last year — conspiracy to cultivate marijuana. Redding police arrested Hall after a search of the Tidmore Lane home where he lives with his mother, Lydia, 63. Lydia Hall also was her son's co-defendant in last year's trial. During that trial, jurors acquitted the pair of growing marijuana and Jim Hall of growing marijuana for sale, but found them guilty of conspiracy to cultivate marijuana. She was not arrested Sunday. Officers, acting on a tip from a citizen, said they searched the Hall house and found 20 marijuana plants and a small amount of processed marijuana. Officer Brian Berg said Monday afternoon that the confiscated marijuana plants were about 3 feet high and were in pots. "According to our records, he's (Hall) on probation for cultivation of marijuana," Berg said. Though police said Hall was booked on suspicion of marijuana cultivation and a probation violation, a jail spokesman said Hall was booked only on suspicion of cultivation. Bail was set at $10,000. Hall and his mother were sentenced May 5, 2000. James Hall was sentenced to 75 days in jail and Lydia Hall to one day, which she already had served. Both were given three years' probation. But at the same time, Shasta County Superior Court Judge Bradley Boeckman suspended those sentences and told the Halls they could smoke marijuana for medicinal purposes if they obtained updated doctors' recommendations. Eric Berg said Monday that James Hall did just that. "I think he can legally grow marijuana by law and the judge specifically said he could," Eric Berg said, citing the Compassionate Use Act of 1996. The attorney also said that the Shasta County Probation Department was notified that the Halls are not on probation. The probation department did not return a telephone call seeking comment. Officer Berg acknowledged that Hall told officers that he is not on probation. Since the Halls are not on probation, attorney Berg said, the search that led to officers finding the plants would be legal only if the Halls had given officers permission to search the house. Hall, who was released from jail without bail Monday night, said he did not give officers permission to search his home. Note: Attorney challenges probation search that turns up pot plants. Source: Redding Record Searchlight (CA) Related Articles: Redding Mom, Son Jolted by Sentences Pair Guilty of Conspiracy Home Comment Email Register Recent Comments Help |
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| Comment #2 posted by greenfox on July 03, 2001 at 17:12:36 PT |
| First of all, I have a question: what sort of "peace officer" carries a gun? Pro-gun or not, it's the oxymoron of the denotative description of a cop: peace officer. However, there's one vital problem with it all: police have power. Power that, in theory, is "checked and balanced". But is it? I know I've said it before, but I say it again- read L.A. Confid. (the book, not the movie damn it!) There's only three books I've ever recommended to people. That's one of them. But lookinside, you're absolutely right. And it irks me to think that I have to worry about my door getting kicked in at night- over a few ******* plants! It's pretty bad, if you ask me. I don't think our system is fair, and it's definately biased in terms of race, profile (hippies), etc. Oh well. What can you do? Thomas Paine, Dec. of Ind, suggests we rebel and start a new government. What do you guys think? >:) sly in green, (and DAMNIT!), foxy in KIND!~~~~~.....~~~ -greenfox [ Post Comment ] |
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Comment #1 posted by lookinside on July 03, 2001 at 16:33:18 PT:
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| they have the time to harass people...but they don't have time to get their facts straight...these cops had better not destroy that medicine, unless they have ALOT of money... i can't think of epithets nasty enough to describe police [ Post Comment ] |
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