Suit Challenges CHP Confiscation of Medical Pot

  Suit Challenges CHP Confiscation of Medical Pot

Posted by CN Staff on February 15, 2005 at 07:23:41 PT
By Eric Bailey, Times Staff Writer 
Source: Los Angeles Times 

Sacramento -- Mary Jane Winters, a registered nurse, doesn't dispute that the California Highway Patrol officer had a right to pull her over and write a ticket for speeding. But what galls Winters is that he took her medicine. In her case, that medicine is marijuana.She has a legal recommendation from her doctor to use cannabis to numb the pain and spasms in her back, damaged while trying to lift a 421-pound patient a decade ago. None of that mattered to the CHP officer who stopped her last Thanksgiving as she zipped through Mendocino County. He confiscated her pot and cited Winters for possession of more than an ounce.
Within two months, the charges were dismissed, as authorities reasoned that Winters had a legal right under Proposition 215 — the state's 1996 medical marijuana law — to use the drug her doctor recommended.But Winters, 53, isn't mollified. She and other pot patients who have run afoul of the CHP are launching a counterattack.Americans for Safe Access, a patient support group, plans to announce today in Oakland a lawsuit against Gov. Arnold Schwarzenegger, the CHP and Atty. Gen. Bill Lockyer asking that the state stop confiscating medical marijuana from patients.Police confusion about medical marijuana is nothing new. Medpot activists say the CHP remains the worst offender, confiscating even the smallest amounts of pot and sometimes arresting patients even after they present documentation from a physician.The CHP has "an obligation to uphold state laws. And medical marijuana is legal in California," said Joseph Elford, an Americans for Safe Access attorney.CHP officials say the matter is hardly so clear-cut.Snipped:Complete Article: Los Angeles Times (CA) Author:  Eric Bailey, Times Staff WriterPublished: February 15, 2005Copyright: 2005 Los Angeles TimesContact: letters latimes.comWebsite: For Safe Access Medical Marijuana Archives

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Comment #6 posted by Max Flowers on February 15, 2005 at 09:49:42 PT

Sadly, I'll bet she let him
I agree with all the prior comments 100%, but also want to remind us all here that the nurse probably made the grave error of consenting to a search and that is how the CHP thug even found it at all. It was a speeding stop, so how did he end up in her purse? I can't say it enough--- everyone needs to know about their right (if it still exists!!) to refuse the inevitable request for a search. And they do ask, they don't just start searching... they always try to trick people into consenting.
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Comment #5 posted by cannaman on February 15, 2005 at 09:08:29 PT

CHP is a pathetic outfit!!
If you had a job where you could hide like a little girl behind a gun, badge, and then steel from those who now are barely allowed to protect themselves and probably very sick or dying like a CHP officer wouldn't you want to have a job like that? Its pretty hard to take medicine from a little old lady isn't it mr big tough CHP man, youre awesome duty to protect us from this hardcore criminal...did you have to use pepper spray to subdue her as well? Or a choke hold or armbar maybe? Wow I know I feel much safer with you CHP officers on duty? I would like you to try to take my medicine someday officer without your shield and guns. Remember man to man no badges just a couple of guys working in !#$ %&*%$# !!!!! insert severe cursing here
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Comment #4 posted by FoM on February 15, 2005 at 08:36:57 PT

It only is a matter of time until the Draft is back. I don't know how many troops have been killed but no one in their right mind would enlist these days. Iran and Iraq because of Bush now are going to get along. Oops big mistake! 
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Comment #3 posted by mayan on February 15, 2005 at 08:15:57 PT

Looks like we're gearing up for Iran and Syria... Kerry calls for 40,000 new troops, more help for military families:, we're pulling our troops from Germany and bringing them back here to keep us all in line. And then there's the coming military draft. Wonderful.
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Comment #2 posted by Sam Adams on February 15, 2005 at 08:06:11 PT

No problem for cops
They will surely lose and lose big in the lawsuit. But don't worry, us taxpayers will cover the millions and millions of dollars the pigs will have to pay out.  These guys are criminals, looting the civilian population. Mayan is right, they belong in jail.
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Comment #1 posted by mayan on February 15, 2005 at 07:57:15 PT

Cage Em'
What is it about these CHiPs? Are they pissed because their jobs aren't as exciting as Ponch & John's? Maybe the pigs that are harassing these patients/caregivers should be thrown in jail for violating California law. Perhaps they'd see things a little different from the other side of the bars. Americans for Safe Access File Lawsuit Against CHP and Governor:
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