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| Sheriff Returns Pot |
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Posted by FoM on April 27, 2002 at 10:24:43 PT By Kate Woods, Pinnacle Staff Writer Source: Pinnacle 
Jack Campo, kneeling, counts the 11 grams of medicinal marijuana handed to him by Investigator Dennis Stafford, as District Attorney Investigator Richard Boomer, left, and Public Defender Greg LaForge look on outside of the courtroom Monday.Sheriff Curtis Hill relinquished 11 grams of medicinal marijuana belonging to a terminally ill Hollister man Monday, hours before Judge Steve Sanders was poised to cite the lawman for contempt of court. Hill then let his true thoughts about the issue be known. “You need to understand something,” said the sheriff. “I hope they legalize medical marijuana, and I hope the federal government puts its foot down one way or another.” Two weeks ago, Hill said that he would not return Jack Campo’s pot after UNET agents busted the man and his roommates last January during a drug raid at their rented home on Hilltop Road. Because the 50-year-old Campo had a Stanford doctor’s letter explaining his condition and that symptoms are relieved by smoking marijuana, the drug case against Campo was dismissed. Sanders then ordered that the sheriff return the medical marijuana. But Hill refused, pitting federal law against state law. Under California’s Proposition 215, medically qualified patients are allowed to possess small amounts of pot. Under federal law, possession of any amount of marijuana is illegal. Hill turned the case over to the federal Drug Enforcement Agency, which drew up two federal seizure warrants and presented them to two federal magistrates. Neither of the judges would sign them. “The message was clear,” said Hill. “That wasn’t a battle they wanted to be a part of. And that’s not a battle I need to be fighting.” In a crowded court hearing Monday, Campo’s lawyer, Public Defender Greg LaForge, told Sanders that the issue was settled. “I’ve just been informed that the right thing is going to be done,” said LaForge. “My client’s medicine will be returned today.” Outside the courtroom, Campo opened and inspected a brown paper bag that District Attorney investigator Richard Boomer had handed him. It contained the 11 grams of marijuana that was seized from Campo more than three months ago – the same weed that helps the ailing man keep down 1,300 prescription pills a month, according to LaForge. Campo also was to reclaim his Oakland Cannabis Buyer’s Club Card on Tuesday, when UNET agents were scheduled to bring it to LaForge. Without the card, said LaForge, his client would be forced to illegally buy a poorer quality of marijuana off the street. “My client’s not a drug dealer,” said LaForge outside the courtroom. “Fortunately, justice was done. But it should have happened back in February,” when the marijuana was first ordered returned to Campo. LaForge said that although his client was glad to get his pot back, he is still afraid that a bust will come down on him at any turn. “Until law enforcement gets on the same page,” said LaForge, “individuals like my client will always fear this.” It appears that Hill agrees with LaForge. “I found out they (the federal government) didn’t have zero tolerance on it,” said the sheriff. “Two fed magistrates weren’t prepared to sign (the seizure warrants). That’s a clear message it won’t be enforced and that’s fine. I hope they legalize compassionate use and take law enforcement out of it. Our job is to enforce the law. I found out our federal government is not interested in it.” Note: After federal magistrate refuses to sign warrant, Hill says “uncle” Source: The Pinnacle (CA) Related Article & Web Site: Medical Marijuana Information Links Sheriff Defies Judge in Pot Case CannabisNews Medical Marijuana Archives Home Comment Email Register Recent Comments Help |
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| Comment #7 posted by schmeff on April 29, 2002 at 09:43:51 PT |
| Hill is elected by California voters, who employ him to enforce California law. Claifornia law is his priority, not Federal law. If he is not capable, in good faith, of performing the duties of his office, he should be replaced. [ Post Comment ] |
| Comment #6 posted by xxdr_zombiexx on April 28, 2002 at 05:54:42 PT |
| What an awesome event. This is really a big deal, especially in the wake of Team Bush's wave of propagaanda and Club raids. **Hill turned the case over to the federal Drug Enforcement Agency, which drew up two federal seizure warrants and presented them to two federal magistrates. Neither of the judges would sign them.** **“I found out they (the federal government) didn’t have zero tolerance on it,” said the sheriff. “Two fed magistrates weren’t prepared to sign (the seizure warrants).** Zero Tolerance is a big fat Lie. Part of the scare tactics of the Federal governemnt's war against cannabis. I say Sheriff Hill is quite possibly an OK guy who is a) in the middle of something he doesn't quite understand...yet. b) As intimidated by the Federal Governemnt and the DEA as I am, but his work brings him into direct contact with them. In this case, having read other articles as it has unfolded, I think at least some o Sheriff's Hills behaviors is not so much the capricious attitudes of California Sheriffs (a la Placer County) but one where he fears the consequences of the Federal Governemnt if he did return the cannabis. Talk about a rock and a hard place. (True, he would seem to be protected by the Constitutional provision of the State of California stating that State Law supercedes Federal until challenged successfully in court, but I'll bet he realizes how little esppect the DEA has for any laws or Constitutions.) c.) Another victim of the War on Cannabis. This story should become National, but wont, as suppression of cannabis is still a main value in the commercial media, but its really got that "man bites dog" flair to it. I digress. Hats off to Sheriff Hill. FREEDOM ENDURES [ Post Comment ] |
| Comment #5 posted by Patrick on April 27, 2002 at 12:39:39 PT |
| Good news like this story is always a pleasure to read. It would have been nicer news had his medicinal supply not been confiscated in the first place! That he got it back at all amazingly good news and a step in the right direction. Amen. [ Post Comment ] |
| Comment #4 posted by E_Johnson on April 27, 2002 at 12:04:19 PT |
| That’s a clear message it won’t be enforced and that’s fine. I hope they legalize compassionate use and take law enforcement out of it. Our job is to enforce the law. I found out our federal government is not interested in it. He's right that his job is to enforce the law but he's missing something important about government that kinda scares me. The judges and the enforcement agencies are not endowed with a communal identity that makes them resposible for enacting or enforcing any particular government policy in concert. That was the system of government in the Soviet Union, where there was only one political party, only one set of goals and directives for society, and only one ruling governmental body -- the Central Committee of the Communist Party of the Soviet Union. Directives came down from the top and it was the job of everyone else below to go enact and enable those directives, and never their job to counteract or disable them. The legislative, executive and judicial branches of the American system of government are supposed to keep each other honest and limit each other's capacity for harming democracy, not act as a support group for each other's plans and ambitions to rule the world. Those entrusted with positions in the judicial branch of government are supposed to look at the actions of the executive branch of government with a critical eye, not with an adoring gaze. Sometimes federal judges will counteract and disable instead of enact and enable the directives of the White House. That is the American way. By definition. The White House is interested in zero tolerance. If this were the Soviet Union, that would be the end of the story. But this is not (yet) the Soviet Union, so that is only where the story starts, not where it ends. [ Post Comment ] |
| Comment #3 posted by FoM on April 27, 2002 at 11:59:52 PT |
| I sure like what you said. I agree! [ Post Comment ] |
| Comment #2 posted by E_Johnson on April 27, 2002 at 11:51:08 PT |
| People who want to stay informed on the marijuana issue one way or another have no choice but to abandon the big mainstream media outlets for the Internet and their small local community newspapers. It proves that smaller newspapers are still a very vital and important part of the functioning of our democracy, such as it is. And the Internet makes it possible for people to read these smaller newspapers when the bigger ones fail to do their job. [ Post Comment ] |
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Comment #1 posted by el_toonces on April 27, 2002 at 10:52:15 PT:
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| ....news that some thinking and discretion is being applied by some authorities, though not at the sheriiff's level:). He should be pleasantly surprised the feds weren't "interested in zero-tolerance" in this case, but I can't complain that he called them on it and they blinked. That is what I find hopeful! El [ Post Comment ] |
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