Eviction Over Pot Plants Gets Attention

Eviction Over Pot Plants Gets Attention
Posted by CN Staff on October 24, 2008 at 07:21:40 PT
By Sam Conn, Sun-News Reporter
Source: Silver City Sun-News
Silver City, NM -- A paralyzed Silver City woman who is being evicted from her apartment for growing medical marijuana is getting attention from the American Civil Liberties Union."We are watching this issue very closely," said Peter Simonson, New Mexico ACLU executive director. "It is our intention to make sure that people are able to use medical cannabis as they would any other legal medication."
Bobbie Wooten, 47, received a three-day notice to move out of her apartment Tuesday following a random inspection of her Silver Cliff apartment. The inspector found two marijuana plants growing in a controlled environment in Wooten's bathroom."I think the landlord is trying to create a policy for his complex that conflicts with the policy of this state," Simonson said.Deborah Busemeyer, spokeswoman of New Mexico Department of Health, said licensed patients are not required to disclose to landlords that they are in the program. She also said the department does not disclose who is in the program, which currently includes 191 patients. Licensees can possess up to four mature plants, up to 12 seedlings and up to six ounces of usable medical marijuana. That amount allows the patient to have a three-month supply of usable cannabis. The Silver Cliffs apartments is managed by Kay-Kay Realty of Arizona. President David Kotin said his company is sticking by its decision to evict Wooten. "My lease provides for a drug-free environment," he said Wednesday. "Obviously, she is in violation of my lease." On Thursday he said that the company would not enforce the three-day eviction notice. "She is entitled to more time and to have a (court) hearing," Kotin said. "We are not unreasonable. She is entitled to a chance to defend her rights and plead her position."Wooten is trying to sort out the commotion, she said."Right now I am just trying to figure out what to do," she said. "All this happened so fast. I mean, I am following state law as I do with all my prescriptions."I have a state license," she said. "My plants are grown in a secure area ... my bathroom. They are not on my patio where anyone could have access to them."Wooten said she was also surprised by the media attention. "I have had calls from reporters all over the country," she said. "I have been interviewed by television stations and will be on a radio talk show in Oregon. They are another state with medical marijuana laws."Wooten said she has also been contacted by several attorneys but is undecided on how to proceed. "I just want to be left alone but I also don't want this happen to anyone else who is in pain and has followed the law just hoping for some relief," she said. Wooten was severely injured in a car crash several years ago and is paralyzed from the waist down and must use a wheelchair. She said she suffers from severe spasms and joined the state's Medical Cannabis Program when it went into effect about a year ago.Source: Silver City Sun-News (NM)Author: Sam Conn, Sun-News ReporterPublished: October 24, 2008Copyright: 2008 Silver City Sun-NewsWebsite: Articles:ACLU Keeping Eye on Medical Pot Eviction City Woman Faces Eviction Over Marijuana
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Comment #4 posted by tintala on October 25, 2008 at 09:58:47 PT:
ANd if Mcain gets nomintated
Sick , wheelchair bound and dying ppl will still go to jail for growing or smoking cannabis, not to mention , FORGET ABOUT HEMP becoming legal, it never will when MCbush and the oil mongers take the white house. Sick and dying patients have not a chance .
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Comment #3 posted by OverwhelmSam on October 25, 2008 at 08:41:21 PT
Landlord Rage
I know this professional landlord is probably shaking in his shoes, wishing the whole thing would go away. Too bad he decided to use the leases that comply with Federal Law. Now, he's screwed, no matter which way this goes. He does get to pick he's evil though, law suit by ACLU or fines and harassment from the Federal Government. LOL
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Comment #2 posted by BobbyRa on October 24, 2008 at 18:28:06 PT:
And now her privacy has been compromised
I guess I couldn't live there and take my blood pressure meds? I think she should now own this apartment, and have the authority to evict him (Kotin).
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Comment #1 posted by Question Authority on October 24, 2008 at 13:06:08 PT
Invasion of Privacy
"She is entitled to more time and to have a (court) hearing," Kotin said. "We are not unreasonable."Absolutely you are unreasonable. My guess is that you, the landlord, would pitch a fit if anyone tried to "inspect" your own personal bathroom.
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