cannabisnews.com: DA Seeks To Prevent Abuse of Pot Laws





DA Seeks To Prevent Abuse of Pot Laws
Posted by CN Staff on February 28, 2005 at 13:12:47 PT
By Pat Stanley, Register Staff Writer
Source: Napa Valley Register
District Attorney Gary Lieberstein has a concern about California's controversial law allowing limited use of marijuana for medicinal purposes: It could be abused. "My approach is that we will uphold the law and do it in a rational, common sense, case-by-case approach," Lieberstein told The Register."I'm not interested in prosecuting for (possession of) small amounts (of marijuana) for their health, if it is consistent with the compassionate use law," he said. "Our concern is when someone is dealing."
He said drug dealers who try to hide behind the law, approved by state voters in 1996, "hurt everybody."Lieberstein pointed out that possession is still illegal under federal law. Law enforcement officers, he said, have been told to use common sense.He said law enforcement agencies in Napa County "only send us the cases that fit the criteria (for prosecution). And then we have further discussions."Only in a handful of cases, he said, have defendants raised the medicinal marijuana issue.A man arrested last March was transporting more than 15 ounces of the drug. Although he had a valid doctor's prescription, he was prosecuted on charges of transporting the drug and possession of marijuana for sale. Lieberstein said he had a record of prior drug offenses. The defendant pleaded no contest to felony possession and was sentenced to three years probation. He will be allowed to use small amounts of the herb when in possession of a valid doctor recommendation.In another case, filed a year ago, a defendant was arrested with almost a pound of marijuana packaged in small amounts, a business sales record, a handgun, and $1,200 in cash. The evidence, the DA said, was seized under provisions of an arrest warrant. The suspect, who had a criminal record, had a card and said he obtained the weed from a Bay Area cannabis club. "It was very clear he was selling," Lieberstein said.The man pled guilty to felony possession of marijuana for sale and served 120 days in jail. He remains on three years probation. He later produced a medical prescription and his probation was modified to allow him to possess small amounts for personal, medical use.A man arrested in December 2003 was, at the time, on felony probation not related to drug offenses. When a search warrant was served, law enforcement officers found marijuana. When the DA learned the suspect had a valid medical prescription, charges relating to the cannabis were withdrawn, but he still faced other charges of probation violation.In a pending case, a defendant was charged with possession of pot for sale. The DA said the suspect was passing through the county when stopped by local cops. Officers found he had a valid doctor's recommendation, but he was carrying nearly a pound of marijuana, had prior felony convictions for possession of marijuana for sale, and had police scanners in his car. He'll go to trial.In another pending case, a defendant was found to be growing more than 180 plants, had a special room for drying out the plant, and was in possession of a loaded handgun. He, too, will be tried, Lieberstein said.When The Register asked readers who use marijuana for medicinal purposes to contact the newspaper, a young man wrote from the Napa County Jail, where he was being held following an arrest earlier this year. "I had about an ounce (of marijuana) with a pipe on me, along with my original perscription (sic) on me as well. Long story short the courts/judge are still trying to convict me for smoking perscribed (sic) buds."Lieberstein checked his case file and found the charges had since been dropped.Asked what his personal feelings about marijuana use are, Lieberstein said, "I'm here to uphold the law. I know there are situations where truly, (marijuana) is used with success for cancer or glaucoma patients." Such patients, he said, are not being hauled into court in Napa County.Lieberstein admonished people who drive under the influence of marijuana, even if they have a legitimate prescription. They should be arrested under provisions of the California Vehicle Code, he said. He said marijuana produced today is far more potent than what was in the '60s and '70s, and can impair a person's ability to safely operate a vehicle.Proposition 215, the California law permitting medicinal use of marijuana, was the first statewide voter initiative of its kind to be adopted in the United States. It passed with a 56 percent statewide majority. In Napa County, 59 percent of the voters approved the ballot measure.Source: Napa Valley Register (CA)Author: Pat Stanley, Register Staff WriterPublished: Monday, February 28, 2005Copyright: 2005 Pulitzer Community Newspapers, Inc.Website: http://www.napanews.com/Contact: napaopinion napanews.comCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
Home Comment Email Register Recent Comments Help




Comment #4 posted by runderwo on February 28, 2005 at 19:04:48 PT
driving
"He said marijuana produced today is far more potent than what was in the '60s and '70s, and can impair a person's ability to safely operate a vehicle."Blah blah blah... how many times does this claim need to be refuted?
Stoned drivers are safe drivers
[ Post Comment ]


Comment #3 posted by global_warming on February 28, 2005 at 15:54:56 PT
More Music
WHEN LOVE COMES TO TOWN LYRICS
	
I was a sailor, I was lost at sea
I was under the waves
Before love rescued me
I was a fighter, I could turn on a thread
Now I stand accused of the things Iíve saidLove comes to town Iím gonna jump that train
When love comes to town Iím gonna catch that flame
Maybe I was wrong to ever let you down
But I did what I did before love came to townI used to make love under a red sunset
I was making promises I was soon to forget
She was pale as the lace of her wedding gown
But I left her standing before love came to townI ran into a juke joint when I heard a guitar scream
The notes were turning blue, I was dazing in a dream
As the music played I saw my life turn around
That was the day before love came to townWhen love comes to town Iím gonna jump that train
When love comes to town Iím gonna catch that flame
Maybe I was wrong to ever let you down
But I did what I did before love came to townI was there when they crucified my lord
I held the scabbard when the soldier drew his sword
I threw the dice when they pierced his side
But Iíve seen love conquer the great divideWhen love comes to town Iím gonna catch that train
When love comes to town Iím gonna catch that flame
Maybe I was wrong to ever let you down
But I did what I did before love came to town"If you have this passion, then you cannot be a prohibitionist, and the path to God has not been clouded by lies and false hoods.gw
[ Post Comment ]


Comment #2 posted by global_warming on February 28, 2005 at 15:21:47 PT
Music
I have climbed highest mountain
I have run through the fields
Only to be with you
Only to be with youI have run
I have crawled
I have scaled these city walls
These city walls
Only to be with youBut I still havenít found what Iím looking for
But I still havenít found what Iím looking forI have kissed honey lips
Felt the healing in her fingertips
It burned like fire
This burning desireI have spoke with the tongue of angels
I have held the hand of a devil
It was warm in the night
I was cold as a stoneBut I still havenít found what Iím looking for
But I still havenít found what Iím looking forI believe in the kingdom come
Then all the colors will bleed into one
Bleed into one
Well yes Iím still runningYou broke the bonds and you
Loosed the chains
Carried the cross
Of my shame
Of my shame
You know I believed itBut I still havenít found what Iím looking for
But I still havenít found what Iím looking for
But I still havenít found what Iím looking for
But I still havenít found what Iím looking for...u2
gw
[ Post Comment ]


Comment #1 posted by global_warming on February 28, 2005 at 14:13:14 PT
re:District Attorney Gary Lieberstein
"District Attorney Gary Lieberstein has a concern about California's controversial law allowing limited use of marijuana for medicinal purposes: It could be abused. "My approach is that we will uphold the law and do it in a rational, common sense, case-by-case approach," Lieberstein told The Register."This man named Gary, surely takes this matter very seriously, he wants a case by case evaluation, this does sound like Shylock, in measure for measure, I guess that this Gary person is feeling his power of the people that he governs in his limited time in his journey through this life.I recall on that day of 9-11, when I came home, my dogs, were all happy and waving their tails, happy to see me, but some might suggest, that these are but dumb animals, ignorant of what this world is about.It is us humans, that have the "true" understanding of this worlds plights and sufferings, it is humankind that has been blessed with rational understanding, and more capable of building bridges and conquering the depths of science and this universe.Only we humans can dump poison into the oceans, only we humans can poison our fresh air, but, it is good and God visited us on the next day, and it was morning and night of the last day."All folks who pretend to religion and grace,
Allow there's a HELL, but dispute of the place:
But, if HELL may by logical rules be defined
The place of the damnedóI'll tell you my mind.
Wherever the damned do chiefly abound,
Most certainly there is HELL to be found:
Damned poets, damned critics, damned blockheads, damned knaves,
Damned senators bribed, damned prostitute slaves;
Damned lawyers and judges, damned lords and damned squires;
Damned spies and informers, damned friends and damned liars;
Damned villains, corrupted in every station;
Damned time-serving priests all over the nation;
And into the bargain I'll readily give you
Damned ignorant prelates, and counsellors privy.
Then let us no longer by parsons be flammed,
For we know by these marks the place of the damned:
And HELL to be sure is at Paris or Rome.
How happy for us that it is not at home!" -Jonathan Swiftgw-Still praying and hoping that this insane asylum we call this world, will come to its senses and start to heal.
[ Post Comment ]


Post Comment