cannabisnews.com: Marijuana Advocate Wins $800 Award





Marijuana Advocate Wins $800 Award
Posted by CN Staff on May 13, 2008 at 05:50:14 PT
By Scott Jason
Source: Merced Sun-Star
California -- Nearly two years ago, medical marijuana advocate Sam Matthews set out to prove he was on the right side of the law in his battle with the city over his seized marijuana buds. He was vindicated Monday and awarded $800.Merced County Superior Court Judge Ron Hansen ruled that Matthews deserved $300 as compensation for the 26.5 grams of marijuana confiscated by Merced police and an additional $500 for the pain and suffering for the time he went without his medicine. Matthews had first sought $7,500.
"It's not about the money," the 26-year-old explained. "It's the self- satisfaction that I stood up for what I believe. It's the law in California, and it's my right."Merced city spokesman Mike Conway said the judge ruled that the city followed the law, but awarded Matthew's the money in the interest of justice.Between Matthews filing his October 2006 claim against the city and the hearing, a three-justice panel from the state's 4th District Court of Appeals ruled that police must return seized medical marijuana."We respect his (Hansen's) decision," Conway said. "We plan on following the law. We will also follow any judge's order."The decision marks the end of Matthews' long, strange trip through the court system, which he often characterized as a David-versus-Goliath clash.The case transformed the Merced College student studying heating and air conditioning into a pseudo-legal scholar who tossed out Latin legal phrases like "res judicata" and "ex parte" when discussing his battle.Matthews apologized for his cocky and combative nature that marked the first year of his battle and said he believes people hold the wrong image of him."I'm not some burned-out stupid pothead like people think I am," said Matthews, adding that he doesn't smoke in front of his 9-month-old daughter. "I was really angry. It hurt my feelings -- the way (the city) treated me."Matthews sued the city asking that it return two fistfuls of medical marijuana seized in October 2006 after officers found him smoking in his parents' garage to alleviate the pain from scoliosis and a left leg that's shorter than his right one.At the time, he carried an Alameda County medical marijuana card.It was before Merced County had begun issuing them.The case fell into the sticky contradictions between state and federal drug laws, with the city arguing at the time that it couldn't return the weed and compensating Matthews would be tantamount to buying the drug with taxpayer money.Californians had approved Proposition 215, legalizing the use of marijuana for medical ailments, in 1996.Federal law keeps it illegal even if it's for medicinal purposes.Matthews filed a claim against Merced in August 2007 demanding his pot be returned and asking for $7,500 in pain and suffering.A small claims judge awarded him $1,700, a decision the city appealed, which resulted in the most recent ruling.In a separate, but related, case, Superior Court Judge Carol Ash dismissed criminal charges against Matthews in May 2007 and also told police to return his pot.Three weeks later, the city asked for a reconsideration, and Ash reversed her decision. The police destroyed the marijuana immediately.Matthews testified in court about his ordeal. His attorney, George Alonso, used local medical marijuana advocate Grant Wilson as an expert witness about the 1996 proposition.The city won't be able to pay Matthews until the case file is updated to include the ruling.As for what Matthews plans to do with his victory check? Maybe take his wife and daughter to Disneyland this summer.There's always the Alice in Wonderland ride that features, among other thrills, the caterpillar.He -- at least in Lewis Carroll's original -- smoked a hookah.Source: Merced Sun-Star (CA)Author: Scott JasonPublished: May 13, 2008Copyright: 2008 Merced Sun-StarContact: editor mercedsun-star.comWebsite: http://www.mercedsun-star.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #11 posted by Hope on May 13, 2008 at 15:43:41 PT
And yes...
Way to go, Sam Matthews!
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Comment #10 posted by Hope on May 13, 2008 at 15:42:40 PT
They use taxpayer money
to buy drugs all the time. No "tantamount" to it.
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Comment #9 posted by OverwhelmSam on May 13, 2008 at 14:38:49 PT
I Love This Guy!
Fight it tooth and nail and then sue them. Classy!
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Comment #8 posted by Sam Adams on May 13, 2008 at 10:36:10 PT
tantamount
"The case fell into the sticky contradictions between state and federal drug laws, with the city arguing at the time that it couldn't return the weed and compensating Matthews would be tantamount to buying the drug with taxpayer money."You mean like Medicare?
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Comment #7 posted by FoM on May 13, 2008 at 09:55:57 PT
Hope
Nothing that is grown on God's green earth is dirty in my mind. 
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Comment #6 posted by Hope on May 13, 2008 at 08:48:50 PT
FoM
I can't help but remember that government owned pseudo scientist that spoke at the Alaskan hearings that we all listened to one evening a year or so ago. He said with disgust that "Marijuana is a dirty, dirty drug". I still recall his tone. "Dirty, dirty".Good grief. 
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Comment #5 posted by FoM on May 13, 2008 at 08:38:27 PT
Hope
You know something Hope? If we believe in Creation Adam was made out of dirt. I guess things made from dirt are good things.
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Comment #4 posted by Hope on May 13, 2008 at 08:29:04 PT
Actually
The piece may be positive to reality... and those terms were used to describe prohibitionist's attitude. I just don't have time to read it all right now.But that was pretty amazing. It's a wonder prohibitionists haven't used those terms. They probably will now that they have the idea.
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Comment #3 posted by Hope on May 13, 2008 at 08:24:26 PT
"Rooted in the dirt"?
Not if it's hydroponic. Wow... scary. "Rooted in the dirt"? Like an apple tree or something? Scary, nasty apples!
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Comment #2 posted by Hope on May 13, 2008 at 08:21:51 PT
Whoa!
Observer is going to have to work that one over!From the article that Dankhank posted which is an excerpt from a book, "Medicine is standardized, synthetic, and pure; marijuana involves the unrefined and promiscuous coupling of more than four hundred components rooted in the dirt." and "From the perspective of its critics, then, cannabis is an effeminate interloper in the masculine world of real medicine, a dangerous drug pushed on a credulous public by illegitimate quacks."Wow! "Promiscuous coupling"?
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Comment #1 posted by Dankhank on May 13, 2008 at 07:55:31 PT
more fodder ...
http://www.alternet.org/drugreporter/85205/
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