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  Sheriff Defies Judge in Pot Case
Posted by FoM on April 19, 2002 at 10:37:11 PT
By Kate Woods, Pinnacle Staff Writer 
Source: The Pinnacle  

medical It was simply a matter of time before the legal quandary of state versus federal marijuana laws hit San Benito County.

For the second time in a month, Judge Steve Sanders has ordered the sheriff’s department to return 11 ounces of pot that belongs to terminally ill Jack Campos of Hollister. The medical marijuana was confiscated after sheriff’s deputies and UNET officers arrested him last January but were unable to file charges.

Each time Sanders has ordered Sheriff Curtis Hill to return the man’s marijuana, the sheriff has refused. He is now flirting with a contempt of court charge if he doesn’t return the marijuana to Campo by Monday, the date of the next hearing on the case.

Hill claims that he will be violating federal law if he returns the marijuana, despite the new state law, born of Proposition 215, that allows people with certain medical conditions to possess small amounts of pot if they have a doctor’s written recommendation to use it to relieve pain or nausea. The law, passed by 56 percent of California voters in 1996, is in direct conflict with federal law, which still makes possession of any amount of pot a crime.

“Excuse me,” said Hill facetiously, “but the last time I checked, California was still part of the union of the United States.”

Campo’s lawyer, Public Defender Greg LaForge, believes Hill is out of line ignoring a judge’s order and state law.

“Where does Hill get off doing this?” said LaForge. “The feds aren’t going to bust him. If they do, I’ll represent him. But I won’t have to because it’s not going to happen.”

A good reason Hill would not be prosecuted is a little-known provision under federal law – Title 21 USC, Section 885D – that says “No officer of the state or municipality shall bear any criminal or civil liability for the enforcement of state controlled substances laws.”

“It was originally put in so that narcs could sell stuff with impunity,” said Scott Imler, one of several people who authored Prop. 215. “But it recognizes the difference between state and federal laws on this. There’s no way that local cops can say they will get in trouble with federal laws anymore. They don’t have an excuse anymore.”

Hill still insists that if he follows Sanders’ order and gives the pot back to Campo, he would be breaking federal law by distributing marijuana.

“By that logic,” said Hill, “if the Russian mafia comes into town, I’m supposed to turn my back to the federal RICO racketeering act?”

Imler, president of the Los Angeles Cannabis Resource Center Co-op, calls the argument “a lame, hollow excuse.”

“He’s trying to get around contempt of court by hiding behind a penalty that doesn’t exist in order to defy a state court order,” said Imler.

Hill’s colleagues in Mendocino County sympathize with him.

“He’s certainly not the first sheriff to go through this,” said Captain Kevin Broin, spokesman for the Mendocino County Sheriff’s Department. “We try to avoid the situation at all costs.”

They avoid it through an innovative program that Mendocino County Sheriff Anthony Craver initiated in his first year in office in 1998 that uses the county health department to identify and track medial marijuana users.

“So when an officer runs across it in the field, it never has to go that far,” said Broin.

Hill expressed doubts about Campo’s alleged need for medical marijuana.

“He’s portrayed as this poor gentleman with pain and suffering,” said Hill. “But for me, I was concerned with what was going on in that house. What about (Campo’s) neighbors, the impact to the immediate community?”

Campo, 50, was not available for comment because after the Unified Narcotics Enforcement Team raided his rented home on Hilltop Road last January, he and his roommates were evicted. LaForge said his client has been homeless since then and the attorney has no way of contacting him.

Campo happened to be an extra “collar” for the UNET agents, who were more interested in busting Campo’s girlfriend, Obdulia Partida, 39, who has been subject to search and seizure at all times since being placed on a three-year probation in July 2000. The agents did arrest Partida – along with five other men who were hanging around the house. Five pot plants were found on the premises, and Partida and Campo were booked on felony charges of cultivation and possession of marijuana.

But Campo had a membership card to the Oakland cannabis club – one of a handful of cooperatives that cropped up throughout the state after medicinal marijuana was passed by voters. He also had a note from a Stanford doctor explaining his condition, which La Forge declined to reveal. The doctor’s note said marijuana relieved his symptoms.

The District Attorney eventually dropped Campo’s charges, and Sanders ordered that the marijuana be returned to the patient on March 11. Hill refused.

“I understand the whole compassionate-use issue,” said Hill. “But this is not going to get settled until it goes to the U.S. Supreme Court.”

Which may be too late for Campo.

The contempt of court hearing will be held at 1:30 April 22 at the San Benito County courthouse, Department 1.

Note: Despite court order, Curtis Hill refuses to return medical marijuana.

Source: The Pinnacle (CA)
Author: Kate Woods, Pinnacle Staff Writer
Published: April 18, 2002
Copyright: 2002 Pinnacle Publishing Co. Inc.
Contact: letters@pinnaclenews.com
Website: http://www.pinnaclenews.com

Related Article & Web Sites:

OCBC
http://www.rxcbc.org/

Los Angeles County Research Center
http://www.lacbc.org/

Cops Fume As Pot Case Wafts Away in Court
http://freedomtoexhale.com/sp.htm

CannabisNews Medical Marijuana Archives
http://cannabisnews.com/news/list/medical.shtml


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Comment #1 posted by JHarshaw on April 19, 2002 at 15:27:01 PT
I AM
really not suprised to see these cases popping up and unless the law is changed on the Federal level, ( and I wouldn't hold your breath waiting for this one,) they will probably become more common as more and more states adopt their own MMJ laws.

It strikes me that it comes down to sheer bad temper on the part of the Jurassic Narcs who are trying desperately to hold back the future at any cost.

Makes about as much sense as the little kid who dug the hole in his backyard and then got mad at his Mom because she wouldn't let him bring it in the house.



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