Cannabis News Stop the Drug War!
  Sheriff Won't Return Marijuana
Posted by FoM on May 01, 2002 at 08:58:02 PT
By Harold Kruger, Appeal-Democrat 
Source: Appeal-Democrat 

medical Doyle and Belinda Satterfield left the Yuba County Courthouse empty-handed Tuesday after Sheriff Virginia Black, defying a court order, refused to release their medical marijuana.

"The issue is I'm not going to commit a federal crime by giving away marijuana," Black said. Since marijuana is a narcotic under federal law, said the sheriff, "I can't in good conscience hand that marijuana over to the Satterfields."

Black's position puts her at odds with Yuba County Judge James Curry, who on Monday ordered that the marijuana seized last August from the Satterfields be returned.

"I now have a state judge ordering me to commit a federal crime, and I have problems with that," Black said. "I'm going to look at what my options are. It is not my intent to help anyone perpetrate a crime."

Justin Scott, Doyle Satterfield's lawyer, said he is weighing his options, which could include suing Black or asking a judge to find her in contempt of court.

Scott said he'll give Black until Thursday to return the marijuana.

"I wanted to know why," Scott said. "I haven't been given an answer to the question why. Why do you think you can ignore a judge's order? Any other person, besides a police officer, would be in jail for ignoring a judge's order."

Black wasn't concerned by Scott's deadline.

"I guess we'll see what happens Thursday," she said.

Belinda Satterfield said she tried to talk to the sheriff when she came out of her office Tuesday morning but was rebuffed.

"I went to talk to her, and she said, 'I'm not going to talk to you. I'll see you in court,'" Belinda Satterfield said.

Said Black, "I told Belinda I wouldn't discuss it with her. She has an attorney, and this would be discussed in court."

Curry, citing Proposition 215, ordered that the marijuana - 37 plants and 41/2 pounds of dried material - be returned to the Satterfields.

"He didn't like it. He didn't agree with it, but it was the law and he followed it," Scott said. "He had enough courage to follow the law. That's what the sheriff ought to do."

Black called Proposition 215 "an ugly thing."

She also said she was unaware of legal efforts to return the marijuana to the Satterfields until her evidence clerk was served with the order Monday.

"It would have been nice if the judge or D.A. had talked to me," she said. "I didn't know this was going to court. Nobody had bothered to tell me. All of a sudden, wham, it was on me, not that it would have made a speck of difference."

She said Curry "is going to do what he thinks he has to do," and "I will do what I believe to be the right thing to do."

The Satterfields were arrested last August and charged with illegal marijuana cultivation. The charges were dropped in January.

Doyle Satterfield needs the marijuana for his insomnia and arthritis. His wife uses it because she has chemotherapy treatments for breast cancer.

"The ball's in her court," said attorney Jud Waggoman, who represents Belinda Satterfield. "The judge has issued an order. She's been served with the order. I don't know."

Waggoman said he was "perplexed as to why she's not following the orders of the court."

Note: Says following judge's order would violate federal law.

Source: Appeal-Democrat (CA)
Author: Harold Kruger, Appeal-Democrat
Published: Wednesday, May 1, 2002
Copyright: 2002 Appeal-Democrat
Website: http://www.appeal-democrat.com/
Contact: laura_nicholson@link.freedom.com

Related Articles & Web Site:

Medical Marijuana Information Links
http://freedomtoexhale.com/medical.htm

Pot Case Put on Hold Again
http://cannabisnews.com/news/thread12210.shtml

Case Puts Law Enforcement in Bind
http://cannabisnews.com/news/thread12155.shtml


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Comment #8 posted by el_toonces on May 01, 2002 at 19:29:45 PT:

No, not stoned...
....Black, pot = funny. My needed laugh of the day.

[ Post Comment ]
 
Comment #7 posted by xxdr_zombiexx on May 01, 2002 at 18:07:39 PT
Black Calls Pot Names?
there's something surreal about a Sheriff named Black name calling pot. Perhaps Im just stoned.

Seriously, didn't we just get done with the same situation with Sheriff Hill and Mr. Jack campo?

The Sheriffs, in collusion with Federal Authorities intend to terrorize Californians by forcing them to keep proving their innocence/compliane with state Law 215 (stop calling it a prop..) and trying to Federalize each and every medpot case possible.

Sheriff Hill at least finally returned the medicine and acknowleged an absence of Federal Zero Tolerance. I believe he is confused and scared by that. It might help him to counsel sheriff Black. Sheriff hill will stand a better chance for re-election than Sheriff Black at this point.

Perhaps she has outlived her usefullness anyway, with such a nasty attitude.



[ Post Comment ]

 
Comment #6 posted by idbsne1 on May 01, 2002 at 13:41:55 PT
Anyone a lawyer?
I am thinking of faxing her Article 3, Section 3.5 of the California Constitution....which can be read here..

http://www.leginfo.ca.gov/.const/.article_3

but, what threat do WE have of some appellate court screwing us? I mean, if that happens, they have an arguement? Anyone have info on this?

idbsne1

[ Post Comment ]

 
Comment #5 posted by E_Johnson on May 01, 2002 at 12:55:56 PT
Oops I meant she
Black called Proposition 215 "an ugly thing."

And just who is calling what an ugly thing?

Things come back in threes Virginia dearie.



[ Post Comment ]

 
Comment #4 posted by E_Johnson on May 01, 2002 at 12:53:47 PT
He's not elected by the feds!!!
He can explain to the voters whose side he is on when he is up for reelection by his local community.

In LA County, Sheriff Lee Baca stated as part of his campaign platform that he was against hassling sick people over weed.

And Baca won. The people gave him the job.



[ Post Comment ]

 
Comment #3 posted by goneposthole on May 01, 2002 at 11:12:32 PT
Cannabis sativa
Come on Sheriff Black, give back the Satterfield's cannabis to them. What did they ever do to you? You have stolen it from them. Charge yourself with theft and lock yourself in your own jail.

[ Post Comment ]
 
Comment #2 posted by Toker00 on May 01, 2002 at 11:12:28 PT
Pathetic.
"I can't in good conscience hand that marijuana over to the Satterfields."

But, she can, with NO conscience, deprive sick and dieing people of their medicine. What a crock.

Peace. Realize, then Legalize.



[ Post Comment ]

 
Comment #1 posted by kaptinemo on May 01, 2002 at 09:23:43 PT:

Some will never understand
Unless you punctuate the lesson with the threat of what they have done to so many themeselves: jail.

Sheriff Returns Pot http://www.cannabisnews.com/news/12/thread12655.shtml

From the article:

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.”

Someone should explain to Sheriff Black that she, as a local LEO, is only required to uphold local statutes. Not being a Fed, she has no obligation to uphold Federal ones. Period. End of message.

She obviously got some bad advice from the DEA swine she's been taking her grant money from. But they won't be in the docket with her if she keeps pushing this...and her neighbors might not look too kindly upon her in the next election if she keeps this up....

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