Cannabis News Marijuana Policy Project
  Caught in Pot Debate
Posted by CN Staff on November 17, 2005 at 08:19:25 PT
By Leslie Albrecht, Merced Sun-Star 
Source: Merced Sun-Star 

medical California -- People often assume that Grant Wilson has AIDS, but he doesn't. It's hepatitis C that has whittled his 6-foot frame to 130 pounds. "It's been eating me alive from the inside out," said the 49-year-old Wilson.

In his effort to get healthy enough to take care of his three children, Wilson has been using medical marijuana."It helps me get the munchies," said Wilson. "My doctor wants me to put some weight on my body so my immune system can fight back and my liver can regenerate."

But when Merced police discovered Wilson's pot plants in September, he was arrested on a felony charge of cultivation of marijuana.

After five days in jail, Wilson was released when the District Attorney's office decided not to prosecute his case.

Now, Wilson wants his pot plants back.

No way, says Merced Police Chief Tony Dossetti.

"The United States Supreme Court is the one that sets the law for everyone in the country," Dossetti said. "Until the federal law is changed, I can't give him back his marijuana. We are citizens of the United States who happen to live in California."

Medical marijuana has been legal in California since voters passed Proposition 215 in 1996. But a U.S. Supreme Court ruling earlier this year held that federal laws prohibiting the use of medical marijuana remain in effect regardless of state laws.

According to State Attorney General Bill Lockyer, medical marijuana is still legal no matter what the Supreme Court says.

Wilson said a judge's court order and his medical marijuana patient ID card authorize him to grow and possess marijuana.

"It's not like I'm one of these guys that's trying to pull one over on somebody," said Wilson. "I'm a true patient. I got my prescription from a gastroenterologist and hematologist.

"I'm not one of these guys that stubbed my toe and said 'Can I get a card?' "

But Wilson has a diagnosis, not a prescription, from his doctor, according to Dossetti. And his patient ID card, issued by San Francisco's Department of Public Health, isn't valid in Merced County, Dossetti said.

"He doesn't comply with state law," Dossetti said.

But to Wilson, it's the police who are breaking state law.

"I would like my property back," said Wilson. "It's illegal for them to do this."

He's filed an appeal with the Merced County Superior Court to try to get the police department to return his marijuana.

"This is a classic conflict between federal and state rights," Chief Deputy District Attorney Larry Morse said.

"The state of California has approved the use of marijuana for medical reasons. But the feds still forbid the possession of marijuana. They don't recognize state statutes. That trickles down to the counties who are left to sort this out."

As for Wilson, "He's caught in a whipsaw between agencies as to how it's being resolved," said Morse.

Wilson has been drinking a lot of Ensure nutrition shakes to try to get his weight up. He also takes herbs like milk thistle to help his liver. Every two weeks he goes to the hospital for a blood cell count.

"I'm stuck in limbo until some new medicine comes up or I start gaining weight and my body builds up my liver," said Wilson. "By locking me up and taking away my medicine, they're not helping me any."

But for now, says Dossetti, police hands are tied.

"We've got federal law that says we can't do it, state law says we can," said Dossetti. "If I give his marijuana back, the DEA could come and arrest me."

"I struggle because I see both sides of the argument. I have compassion for these people who are sick. But we're in a position where we can't let emotion rule us. We have to do what the law says."

Note: Hepatitis C Patient Wants His Medical Marijuana Back From Police.

Source: Merced Sun-Star (CA)
Author: Leslie Albrecht, Merced Sun-Star
Published: November 17, 2005
Copyright: 2005 Merced Sun-Star
Contact: editor@mercedsun-star.com
Website: http://www.mercedsun-star.com/

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


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Comment #21 posted by FoM on November 29, 2005 at 17:19:29 PT
Shishaldin
I added the video to my Hemp Links page. Thanks so much again.

http://www.freedomtoexhale.com/hls.htm

[ Post Comment ]

 
Comment #20 posted by FoM on November 29, 2005 at 16:59:38 PT
Shishaldin
Thank you so much! Now everyone can see it. Google did it one more time. Go Google!

[ Post Comment ]
 
Comment #19 posted by Shishaldin on November 29, 2005 at 16:56:49 PT
Google Video
"I think Google has another winner with Google Video. I'm very impressed." Same here! To take something so bandwidth-intensive (videos take LOTS of MB's!) and make it so accessible, is just cool.

Peace and Strength,

Shishaldin

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Comment #18 posted by Shishaldin on November 29, 2005 at 16:52:11 PT
Jack Herer on Google Video
April 8th, 2005 in Monterey, CA. Enjoy!: http://video.google.com/videoplay?docid=2668627634195110801&q=hemp

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Comment #17 posted by FoM on November 21, 2005 at 21:56:40 PT
About Google Video
The video was put on line about 24 hours after I uploaded it. You can click the pictures and it moves you to that scene. Good luck with your uploads. This is a little blurry for me but if I reduce the size a little it is fairly clear. I think Google has another winner with Google Video. I'm very impressed.

http://video.google.com/videoplay?docid=-173436169681063980&q=%22Our+Day+Has+Finally+Arrived%22+playable%3Atrue



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Comment #16 posted by FoM on November 21, 2005 at 16:23:08 PT
Shishaldin
It look just fine to me. When you upload the video it might take awhile until it is available. After you upload you must do one more thing so follow the directions. The video I uploaded last night is still not online but I did have a successful upload. Good luck and please do post the link. Jack Herer is so sweet.

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Comment #15 posted by Shishaldin on November 21, 2005 at 16:18:16 PT
Google Video for Jack Herer
Wow, hadn't even thought of it! I'll do that tonight and send you all the link :)

FoM, was the "shadow" effect in the menu portion of the DVD off-center with your player? I think there may be a glitch in my authoring software. Please let me know how it looked on your machine.

Yep, Jack was RIGHT ON THE MONEY with his assessment of why hemp was illegal. I'm so glad to hear that the love and admiration from the audience came through, because it was definitely in abundance that night. We owe the man a serious debt of gratitude...

[ Post Comment ]

 
Comment #14 posted by FoM on November 21, 2005 at 14:48:37 PT
Jack Answered A Great Question
Someone asked why Cannabis is still illegal and his answer was money, money, money.

He is so right.

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Comment #13 posted by FoM on November 21, 2005 at 14:30:30 PT
Shishaldin
I am finishing watching the DVD now and I want to say something about it. To me this DVD shows such respect for Jack. People understand what he is saying even though he is having a difficult time speaking since his stroke. The love is so obvious and that is the most endearing part of it.

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Comment #12 posted by FoM on November 21, 2005 at 14:01:33 PT
Shishaldin
Could it be uploaded to Google Video? Google Video seems to work for people that don't have a real high speed connection? I was so impressed with Jack Herer. Bless his heart.

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Comment #11 posted by Shishaldin on November 21, 2005 at 13:51:11 PT:

FoM
You're welcome! Glad Jack's DVD got to you this time. He is so inspirational to me.

For those of you who want to see Jack Herer's April 8th appearance in Monterey, CA, Pot-TV has a link to the clip I sent them. It doesn't seem to be working now, though. It may in the future (Free Marc Emery!): http://www.pot.tv/ram/pottvshowse3721.ram

Since I want all CNEWS'ers to see Jack speak, drop me a line at the link above. For a couple of bucks, I'll send you the same DVD I sent to FoM.

Peace and Strength, fellow Cannabists!

Shishaldin



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Comment #10 posted by Richard Zuckerman on November 21, 2005 at 07:07:06 PT:

BobAllen1313
In response to your States Rights comment, Bob, I do recall taking a High School Civics class, taught by a Richard Briechle, who still teaches in the Union County, New Jersey, schools. I definitely remember him giving a serious warning that government will make inroads to our freedoms, though I do not recall exactly him mentioning States' Rights.

It reminds me of the essay, written in the 1960s, entitled something to the effect of "The Technotronic Era," by Zbiegniew Brzezenski, a member of the Council on Foreign Relations. This essay is included in the book entitled "UTOPIA". He warns Americans that technology is being developed which will allow government to pry into our most intimate affairs. This was in the spirit of what Richard Briechle taught us at Arthur L. Johnson Regional High School, Clark Township, New Jersey. I graduated that High School not knowing what was up, such that I voted for George Herbert Walker Bush, for U.S. President in around 1980. If Arthur L. Johnson Regional High School had taught us that the Bush Family had financed Adolph Hitler, See www.john-loftus.com, I certainly would NOT have voted for Bush. In 1997, Brzezinski wrote the book entitled "THE GRAND CHESSBOARD", which also predicts government takeover and the New World Order. I would NEVER vote for Bush ever again!! This country is the shame of the world because Americans allow big Corporations to corrupt the governments. I would leave this country in a heartbeat if I had the money!! I implore any citizen of any other country to take heed of this advice: DO NOT JOIN THE UNITED STATES, ESPECIALLY IN ANY WAR EFFORT! STRONLY CONSIDER VOTING FOR THIRD PARTY POLITICAL CANDIDATES! UTILIZE SOLAR, WIND, HYDRO, AND BIOMASS ENERGY WHENEVER POSSIBLE, TO AVOID DEPENDENCE ON THE CREEPY OIL BARONS! ARE YOU PEOPLE AWARE THAT THE CEO OF EXXON IS A MEMBER OF BILDERBERG, TRILATERAL COMMISSION, AND COUNCIL ON FOREIGN RELATIONS? GOVERNMENT SUPREMACY IS KILLING THE WORLD!

Richard Paul Zuckerman, Box 159, Metuchen, New Jersey, 08840-0159, richardzuckerman2002@yahoo.com. Diploma in Paralegal, New York University, 2005; Diploma in Truck Driving, with an up-to-date CDL, www.smithsolomon.com; B.A. in Political Science, Kean College of New Jersey [now named Kean University], 1987.

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Comment #9 posted by boballen1313 on November 19, 2005 at 18:54:05 PT:

STATES RIGHTS!
I seem to remember back in something called "high school" and in my civics class.... dimly i remember that the states have priority to deal with their own business. Any other senior citizens recollect something called the "Constitution" some parchment made of hemp paper way before the Bush family ever discovered oil? Anyone else remember back in the day??? when we pretended to have actual rights???

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Comment #8 posted by FoM on November 19, 2005 at 15:40:52 PT
Thank You Shishaldin!
I just received the DVD and am watching Jack Herer tell us his story. It's just wonderful!

[ Post Comment ]
 
Comment #7 posted by kaptinemo on November 18, 2005 at 05:46:13 PT:

Yup, just 'following orders'. Uh-huh.
*"I struggle because I see both sides of the argument. I have compassion for these people who are sick. But we're in a position where we can't let emotion rule us. We have to do what the law says."*

Had he been around in the 19th century, he would probably have returned escaped slaves to their masters, because slavery was 'the law'.

When, oh, when, will these rubes ever get it? When will they get the idea that these laws demanding reduced enforcement for cannabis issues are forcing an awareness to be made? An awareness that that when a law causes more damage than the behavior it is meant to curb, it is every citizen's duty to stand up against those evil laws? EVERY citizen...including law enforcement?

THAT'S what this is all about. That these legislative efforts are meant to spark internal moral questioning on the part of each citizen as to the basis for those laws to begin with. This piecemeal, bit by bit transformation of the legal scene by causing the inevitable conflict between local and Fed laws is forcing that questioning to the forefront. It breaks through the comfortable inertia of law enforcement, making them think rather than simply react. Most of all, these efforts are clear demonstrations - at the ballot box, no less - that the cannabis prohibition laws have no public support.

The antis have been 'sending messages' for many years; we've just sent one ourselves, loud and clear. And more of them are on the way. And one of those messages is something they really don't want to hear: people are thinking for themselves, not swallowing your tripe without question anymore. The Denver Resolution, as is many others, are signalling that other voices besides theirs are being heard...loudly and clearly. And, much to the prohib's chagrin, being acted upon.

[ Post Comment ]

 
Comment #6 posted by FoM on November 17, 2005 at 11:42:30 PT
Shishaldin
Thank you! I'm looking forward to seeing it.

[ Post Comment ]
 
Comment #5 posted by Shishaldin on November 17, 2005 at 11:32:04 PT
For FoM - Jack's on his way...
I sent out your Jack Herer DVD yesterday by Priority Mail. You might get it by this weekend :)

Peace and Strength,

Shishaldin

[ Post Comment ]

 
Comment #4 posted by FoM on November 17, 2005 at 10:46:29 PT
Toker00
You're very welcome. Maybe we will find an article to post on this topic today. Often when a press release is announced an article pops up online. I hope so.

[ Post Comment ]
 
Comment #3 posted by Toker00 on November 17, 2005 at 09:30:02 PT
Thanks for that there article, FoM.
This is where the results came before the study. I have been treating depression with cannabis all my adult life. I think we are the best judge of how we feel, and what makes us feel better. Don't you? John P. Walters and the DEA (Think Dark Drama/Dark Comedy Band) will soon be the laughing stock. Gigs up, guys. Now lay down your lies and back up.

Wage peace on war. END CANNABIS PROHIBITION NOW!

[ Post Comment ]

 
Comment #2 posted by Richard Zuckerman on November 17, 2005 at 09:18:31 PT:

IF YOU THINK POT ARRESTS ARE BAD....
PLEASE CONTACT CONGRESS IMMEDIATELY:

[1] TO OPPOSE REAUTHORIZATION OF THE PATRIOT ACT? CONGRESS IS SCHEDULED TO VOTE ON REAUTHORIZING THE PATRIOT ACT BY THE END OF THIS WORK WEEK! WE NEED YOUR CONTACT NOW!! The Patriot Act has NOT been successful in weeding out terrorists, imposes upon Americans a phenomenal tax cost and whittles away at our precious individual freedoms.

[2] TO SUPPORT "THE INDUSTRIAL HEMP FARMING ACT OF 2005", submitted by U.S. Representative Ron Paul;

[3] TO SUPPORT THE BILL WHICH WOULD REPEAL PROHIBITION OF FINANCIAL AID FOR STUDENTS WITH DRUG CONVICTION;

[4] TO OPPOSE THE "BIOSHIELD II" CONGRESSIONAL BILL [I BELIEVE A U.S. SENATE BILL] WHICH WOULD GIVE IMMUNITY FROM LAWSUITS AGAINST THE PHARMACEUTICAL COMPANIES FOR THEIR DEFECTIVE VACCINES AND MEDICATIONS;

[5] TO OPPOSE "F.A.I.R.", A U.S. SENATE BILL WHICH WOULD SERIOUSLY CURTAIL DAMAGES CAUSED BY ASBESTOS;

[6] TO SUPPORT U.S. HOUSE OF REPRESENTATIVES BILL H.R. 4011, MERCURY FREE DENTISTRY, which would ban Mercury amalgam dental fillings. See, e.g., www.healthfreedom.net; www.toxicteeth.org; www.amalgam.org;

[7] To ban water Fluoridation, for the reasons expressed by www.Fluoridealert.org and the book entitled THE FLUORIDE DECEPTION, c. 2005, by Christopher Bryson, Seven Stories Press;

[8] To oppose the restrictions over the airways by the FCC, as Howard Stern has been complaining about for quite some time now, www.howardstern.com, as a matter of Freedom of Speech.

[9] TO ATTEND THE CONFERENCE OF THE WWW.GUNOWNERS.ORG TO SPONSOR THEIR DRAFT LEGISLATION WHICH WOULD DECENTRALIZE THE PUBLIC SCHOOL CURRICULUM NOW TEACHING GUN CONTROL AND LAUDING THE UNITED NATIONS;

[10] TO VEHEMENTLY OPPOSE THE PLAN BY THE COUNCIL ON FOREIGN RELATIONS TO ELIMINATE THE INTERNATIONAL BORDERS BETWEEN MEXICO-UNITED STATES AND CANADA-UNITED STATES, SEE www.stoptheFTAA.org, which would result in the repeal of the United States Declaration of Independence, United States Constitution, and every single State Constitution, from which the individual citizen's sole source of freedom would be from the United Nations' "Universal Declaration of Human Rights," which do not provide for a Right: [A] to trial by jury, to have a firearm to defend ourselves, [C] to talk about abortion, [D] against unreasonable searches and seizures without a warrant, [E] against quartering soldiers in your house during peace time, [F] to Due Process of law. Keep in mind that the following public officials are members of the Council on Foreign Relations (or Bilderberg, whom have similar objectives, which is GOVERNMENT SUPREMACY, to undermine our individual freedoms, for their "New World Order"): Stephen G. Breyer, Associate Justice of the United States Supreme Court, Ruth Bader Ginsburg, Associate Justice of the United States Supreme Court, Jose A. Cabranes, U.S. Court of Appeals judge for the 2nd Circuit, John M. Rogers, U.S. Court of Appeals judge for the 6th Circuit, Pauline Newman, Federal Circuit judge, Thomas Penfield Jackson, U.S. District Court for the district of Washington, George H. Aldrich, Arbitor, International Criminal Court, at the Hague, Richard C. Allison, Iran-U.S. Claims court judge, Evan Bayh, U.S. Senators: (D-IN), HILLARY RODHAM CLINTON (D-NY), Christopher J. Dodd (D-Conn.), John Edwards (D-NC), DIANNE FEINSTEIN (D-CA), William H. Frist (R-TN), Bob Graham (D-Florida), Chuck Hagel (R-Maine), JOHN F. KERRY (D-MASS.), Joseph I. Lieberman (D-Conn.), Trent Lott (R-MS), Jack Reed (D-RI), John D. Rockefeller IV (D-WV), Charles E. Schumer (D-NY), Olympia J. Snowe (R-ME), John W. Warner (R-VA); United States Representatives: Douglas K. Bereuter (R-Nebraska), Sanford D. Bishop, Jr. (D-GA), David Dreier (R-CA)(Who, by the way publically commented he wants to "break the back of the Marijuana culture utilizing Gestapo tactics" after I protested in front of his office about four years ago!!!!), Porter J. Goss (R-Florida), Jane Harmon (D-CA), Katherine Harris (R-Florida), Dennis Hastert (R-IL), Amory Houghton, Jr. (R-NY), Jim Kilbe (R-AZ), James A. Leach (R-Iowa), Jim McDermott (D-WA), Robert T. Matsui (D-CA), Ed Pastor (D-AZ), Donald M. Payne (D-NJ), Thomas E. Petri (R-WI), John M. Spratt, Jr. (D-SC). THESE ARE THE PEOPLE MAINTAINING THE "DRUG WAR" AGAINST AMERICAN PEOPLE! THESE ARE THE PEOPLE WE MUST VOTE OUT OR WE WILL PERISH, REGARDLESS HOW MUCH THEY MAY TRY TO SWEET TALK YOU AND DISAVOW THEIR MEMBERSHIP IN THESE ANTI-AMERICAN GROUPS!! YOU WILL NOT FIND ANY OF THESE LEGISLATORS IN ANY "LIBERTY CAUCUS"! THAT'S FOR SURE!!

[11] TO PREVENT THE UNITED NATIONS FROM TAKING CONTROL OF THE INTERNET, INCLUDING A TAX ON EVERY SINGLE PERSON.

Your immediate cooperation in this matter would be appreciated!

Richard Paul Zuckerman, Post Office Box 159, Metuchen, New Jersey, 08840-0159, richardzuckerman2002@yahoo.com.



[ Post Comment ]

 
Comment #1 posted by FoM on November 17, 2005 at 09:08:08 PT
MPP: New Study: Marijuana Users Less Depressed
November 17, 2005

Largest-Ever Study of Marijuana, Depression Finds Fewer Depressive Symptoms, Better Mood

ALBANY, NEW YORK -- In the largest-ever study of marijuana and depression, to be published in the journal Addictive Behaviors, daily or weekly marijuana users had fewer symptoms of depression than non-users. Marijuana users were also more likely to report positive moods and fewer somatic complaints such as sleeplessness. Noteworthy differences were also found between those using marijuana for medical purposes and non-medical or "recreational" users.

The new research appears to contradict statements by some government officials suggesting that marijuana is a cause of depression. For example, in a May 3, 2005, press release from the White House Office of National Drug Control Policy, ONDCP Director John Walters said, "Marijuana use, particularly during the teen years, can lead to depression, thoughts of suicide and schizophrenia."

"Not only does marijuana not cause depression, it looks like it may actually alleviate it," said Mitch Earleywine, co-author of the new study and associate professor of psychology at the University at Albany, State University of New York.

Earleywine and co-investigator Thomas F. Denson of the University of Southern California used an Internet questionnaire that allowed them to survey a very large sample of marijuana users and non-users, totaling over 4,400 participants. Use of the Internet also made it possible to include highly depressed or marijuana-involved participants who might be unable or unwilling to participate in in-person or telephone surveys.

Participants were asked to report their use of marijuana and were divided into three categories: daily users, those who used marijuana within the last month but no more than once per week (weekly users) and those who had never used marijuana in their lifetime (non-users). Depression and related issues were assessed using the Center for Epidemiologic Studies Depression scale, a standard tool for researching depression and associated symptoms.

Both daily and weekly marijuana users had significantly lower levels of depression and higher levels of positive mood than non-users. Weekly users also had lower levels of somatic complaints such as sleeplessness. Effects were generally large, with marijuana users approximately 30% less depressed than non-users.

The study is the first to specifically look at depression in medical marijuana users as compared to non-medical users. The most common complaints listed by medical users surveyed were nausea, vomiting, cancer, attention deficit and poor appetite. Medical users generally were more depressed and had more somatic complaints than non-medical users, but still reported fewer such symptoms than non-users.

"Those who use marijuana to battle the symptoms of illness may be depressed because of their illness, not because of marijuana," Earleywine said. "Studies that do not identify medical use might falsely implicate marijuana, rather than sickness, as the cause of depressed feelings."

The new study adds to a growing body of knowledge suggesting that marijuana's active components, called cannabinoids, may be beneficial in certain psychological disorders. In a review published this May in the Journal of Psychopharmacology, researchers form the University of Newcastle upon Tyne in Great Britain noted, "Patient reports and observations, backed by known pharmacology, suggest that the cannabis derivatives delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD) may have mood stabilizing properties," including anti-depressant and anti-anxiety effects.

"Drug Czar John Walters has tried to frighten Americans about marijuana, using exaggerated and incomplete data cherry-picked to support his ideology," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. "Science should be used to inform policy, not manipulated to scare the public."

With more than 18,000 members and 120,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP works to minimize the harm associated with marijuana—both the consumption of marijuana and the laws that are intended to prohibit such use. MPP believes that the greatest harm associated with marijuana is imprisonment.

For more information, please visit: http://www.MarijuanaPolicy.org

REFERENCE: Denson, Thomas F. and Earleywine, Mitchell, "Decreased Depression in Marijuana Users," Addictive Behaviors, in press, available at: http://www.sciencedirect.com/science/journal/03064603

http://www.mpp.org/releases/nr20051117.html



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