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| Seized Pot a Hot Potato for Police |
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Posted by CN Staff on May 05, 2002 at 08:29:39 PT By Henry K. Lee, Chronicle Staff Writer Source: San Francisco Chronicle 
The conflict between state and federal law over medicinal marijuana is forcing the courts to sort out an unexpected problem for police -- whether officers could be prosecuted if they return pot seized from users who beat criminal charges. Proposition 215, approved by state voters in 1996, legalized growing and using marijuana for medical purposes, with a doctor's recommendation. But under federal law, marijuana used for any purpose is illegal. Snipped Home Comment Email Register Recent Comments Help |
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| Comment #1 posted by JHarshaw on May 05, 2002 at 13:14:14 PT |
| " the judge asked, "It's all right for me to order the Police Department to violate the
law as long as they are immune from prosecution?" " "Defense attorneys say police are protected from prosecution by a section under federal law. It says state and federal law-enforcement officials are exempt from any civil or criminal liability if they are "lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances." " The provision was made to protect narcs who sold drugs undercover but it still will cover the a$$e$ of any officer of the law who is ordered to obey State laws. Therefore: What do you call a really stupid Lawyer? Your Honour! [ Post Comment ] |
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