FIRST MMJ PATIENT TRIED UNDER HOLDERS NEW POLICY

[jamessr]

San Diego Medical Marijuana Provider First to be Tried Under New DOJ Policy
State law compliant medical marijuana cases still being tried in federal court

San Diego, CA -- A North San Diego County medical marijuana provider, James Stacy, whose Vista dispensary was raided on September 9, 2009, by a multi-agency narcotics task force, will be the first such case to go to trial after the Justice Department issued its enforcement policy in October 2009, a month after the raid. Stacy's trial date will be scheduled Wednesday during a hearing at which Stacy will argue he's entitled to admit evidence of state law compliance, something routinely denied federal defendants. Stacy's dispensary, Movement in Action, was raided along with more than a dozen other San Diego County dispensaries as part of local-federal enforcement actions called, "Operation Endless Summer," which resulted in more than 30 arrests. Only Stacy, and one other medical marijuana dispensary operator Joseph Nunes, were charged federally as a result of the raids. Nunes has since pleaded guilty and was recently sentenced to a year in prison.

What: Federal hearing on whether dispensary operator James Stacy can use medical marijuana and state law as a defense at trial
When: Wednesday, May 19, 2010 at 10:30am
Where: Courtroom 15, U.S. District Court, 940 Front Street, San Diego, CA

"With a new enforcement policy on medical marijuana, the federal government should not be trying this case at all," said Joe Elford, Chief Counsel with Americans for Safe Access, the country's largest medical marijuana advocacy organization. "At the very least, Mr. Stacy's case should be tried in state court where he's guaranteed a defense against his charges." Because of a U.S. Supreme Court ruling on medical marijuana, defendants are prevented from entering evidence of medical use or state law compliance in federal court.

U.S. Attorney General Eric Holder testified before Congress last week and reaffirmed that the Obama Administration was not interested in using the Justice Department's "limited resources" to prosecute people who are in compliance with their state's medical marijuana laws. Stacy argues that he was in full compliance with state law, nevertheless he was federally charged with cultivation of marijuana, conspiracy to cultivate and sell marijuana, and possession of a firearm, which could result in more than 20 years in prison. The federal government has so far failed to show any evidence of state law violations and has blocked repeated attempts by Stacy's lawyer Kasha Kastillo to try the case in state court.

Another San Diego dispensary operator, Jovan Jackson, was arrested as a result of the raids in September and prosecuted by San Diego District Attorney Bonnie Dumanis in state court. Jackson was acquitted by a jury after a November 2009 trial on similar charges. More recently, the San Diego Board of Supervisors has taken note of the county's failure to gain convictions and has decided to regulate medical marijuana distribution in the unincorporated areas of the county. The City of San Diego City Council is similarly debating a dispensary ordinance. "The move to regulate local medical marijuana distribution is certainly a positive step for San Diego," continued Elford. "However, it begs the question of why Mr. Stacy is still being prosecuted in federal court."

Because of the government's continued efforts to prosecute medical marijuana patients despite a new Justice department enforcement policy, advocates are urging Members of Congress to pass HR 3939, the Truth in Trials Act, which would allow defendants to use a medical or state law defense in federal court. The Truth in Trials Act currently has more than 30 Congressional cosponsors.

Further Information:
U.S. Attorney General Eric Holder's recent statements before Congress: YouTube - May 13, 2010 DOJ Oversight Hearing (http://www.youtube.com/watch?v=MMCHmU-nFAM)
Truth in Trials Act: http://www.safeaccessnow.org/downloads/ â?¦ Trials.pdf

:wtf::wtf::wtf::wtf::wtf::wtf::wtf::wtf:

[boaz]

"Operation Endless Summer" :stoned:

very interesting. I'm not sure why we need an act of congress to bring truth back to our federal trial system, but remember the trials under shrub where they barred critical evidence, etc. I would certainly support this bill if it would stop all the shite.

thanks for posting this, this will be interesting to watch. just exactly what State Law or Regulation was not followed here??? will Holder allow the same bs as previous ag's in our federal courts?? :wtf: we are all watching. :rastasmoke:

[killerweed420]

None of these cases should be heard in a federal court because there is no legal authority for the feds to be involved. They didn't cross state lines. Too bad they don't actually have a conservative governor in cali to tell the DEA to get the hell out of cali.

[jamessr]

Testing , Testing, Testing....yep the microphone still works, tis how our system works...test case after test case after test case...

Ya think the mic works???:wtf:

[pepurr]

U.S. Attorney General Eric Holder testified before Congress last week and reaffirmed that the Obama Administration was not interested in using the Justice Department's "limited resources" to prosecute people who are in compliance with their state's medical marijuana laws.

Because of the government's continued efforts to prosecute medical marijuana patients despite a new Justice department enforcement policy, advocates are urging Members of Congress to pass HR 3939, the Truth in Trials Act, which would allow defendants to use a medical or state law defense in federal court. The Truth in Trials Act currently has more than 30 Congressional cosponsors.

This is an example of rogue government agencies, out of control. Despite the Obama Administration's stance, they continue to harass and arrest law biding citizens. This must end.

What is the point of having a leader, if the troops don't follow orders? If they don't follow orders, they need to be disciplined.

[boaz]

Testing , Testing, Testing....yep the microphone still works, tis how our system works...test case after test case after test case...

Ya think the mic works???:wtf:

:jointsmile: yeah, it works just fine for them as long as the mic is secretely unplugged without the jury's knowledge. :wtf: this is our test case for them, too. :)

[jamessr]

:jointsmile: yeah, it works just fine for them as long as the mic is secretely unplugged without the jury's knowledge. :wtf: this is our test case for them, too. :)

The beginning of the end of federal prohibition is on the horizion...I have been posting this since the case against the olsons in kitsap county, wa.

She is coming over the mountain, here she comes...she is coming over the mountain here she comes...she'll be coming over the mountain when she comes...:D

Look to the horizon my fellow patients...it is coming the second coming of legalization of cannabis....:pimp:

[420session]

The beginning of the end of federal prohibition is on the horizion...I have been posting this since the case against the olsons in kitsap county, wa.

She is coming over the mountain, here she comes...she is coming over the mountain here she comes...she'll be coming over the mountain when she comes...:D

Look to the horizon my fellow patients...it is coming the second coming of legalization of cannabis....:pimp:


Sounds good and looks like she might come, not enough people standing up though...
I was on a legal thread a while back and fellow people from the forum spoke of togetherness and such, so I suggested a cannabis patient union and the thread DIED....I mean DIED!! Not enough people give a shiet. You see as soon as the masses come together through they're unions, they negotiate for a promised vote to whichever politician that is most suited and more convenient for them to put in power. The election season starts just like any sports franchise, politicians swarm and project how fair and balanced they are and promote stupid agendas that most don't even believe or even care about- we who decide to come together through the so-called cannabis union can use political sway in votes for our freedoms to prove a different side of cannabis(just imagine how many people smoke weed throught out the nation, now imagine a long line of voters from that, it's ALOT of votes even from non user supporters). I don't see how we cannot be negotiated for votes for candidates- our candidates. So what is the point of keeping track of all these cases when not enough people truly care, unless that was maybe you in that cell/cage. But then it would have been too late you...another lost cause.

It's historically known human trend to not change unless a catastrophy or tragedy strikes home.

Im just saying- in Africa they chop the voting hand off to control elections, we should atleast negotiate based on our voting and run a new approach on being completely green and motivate people to get off the grid through systems we create- such as aquaponics and it's multiple uses in regards to efficiency also investing heavily on research and development for newer methods to improve resources that come from this splendid plant. I have a strong promising concept but feel most won't care and like a coach who's coached for years- eventually the coach gets lost on how to motivate through the same words, people get tired of hearing the same shiet, we need a new approach!! If anybody feels the same add me...

Sorry, don't mean to preach just venting but after thinking so much on that matter, people are more caught up on 2012 than change. How can change be created if you are not willing to change yourself- plus weed might make big petro-pharma and goverments go out of business.

Peace

[pepurr]

I suggested a cannabis patient union and the thread DIED....I mean DIED!! Not enough people give a shiet.

We already have something like that, and its been around for years. It is called NORML, and another called Americans for Safe Access (the nationâ??s largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.)

Creating something like a union or advocasy group is nothing new. Maybe your energy would be better spent supporting one of these who already exist.;)

Seems there are a lot of people who give a great deal of shiet, and the numbers get bigger every day. :thumbsup:

[420session]

We already have something like that, and its been around for years. It is called NORML, and another called Americans for Safe Access (the nationâ??s largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.)

Creating something like a union or advocasy group is nothing new. Maybe your energy would be better spent supporting one of these who already exist.;)

Seems there are a lot of people who give a great deal of shiet, and the numbers get bigger every day. :thumbsup:

is that right? The numbers are slightly bigger than before. I know of NORML and American for Safe Access, but they just barelly scratch the surface, and to suggest what I should with my time is up to ME...as if that's my only options! I support my nationally and local advocates for legallity, but honestly not much new has came forth from most of they're existance. I mean- we hear of those being just targets for federal drug enforcement agencies and it's not a way to live, some have even lost they're lives due to that plus some have serious deceases that they really just need to be medicated. Where is all this new technology? Where are the breakthroughs? I read and read to find that we truly don't have much sway!! In California most that smoke some just support legality but it's just a trend that we follow cuz we smoke. James Madison was truly againts independent state sovereignty due to the contradiction between federal law and state laws, are we really together when we are seperated by different state laws that federals just over ride and create technicalities to punish those and set an example, like mentioned above. Im not trying to argue but only opening the forum for dialogue with my fellow cannabis users. But, yeah let's just stick to those two options as to say they are setting the standard, I mean we do that with the GOP and the DEMs and forget we have independants. It truly isn't hard to see the fine lines, we just don't put them together- any positive I sight?

[pepurr]

is that right? The numbers are slightly bigger than before. I know of NORML and American for Safe Access, but they just barelly scratch the surface, and to suggest what I should with my time is up to ME...as if that's my only options! I support my nationally and local advocates for legallity, but honestly not much new has came forth from most of they're existance. I mean- we hear of those being just targets for federal drug enforcement agencies and it's not a way to live, some have even lost they're lives due to that plus some have serious deceases that they really just need to be medicated. Where is all this new technology? Where are the breakthroughs? I read and read to find that we truly don't have much sway!! In California most that smoke some just support legality but it's just a trend that we follow cuz we smoke. James Madison was truly againts independent state sovereignty due to the contradiction between federal law and state laws, are we really together when we are seperated by different state laws that federals just over ride and create technicalities to punish those and set an example, like mentioned above. Im not trying to argue but only opening the forum for dialogue with my fellow cannabis users. But, yeah let's just stick to those two options as to say they are setting the standard, I mean we do that with the GOP and the DEMs and forget we have independants. It truly isn't hard to see the fine lines, we just don't put them together- any positive I sight?

I agree! What you do with your free time is your business. Did you see the word "Maybe" in my post. Here I will quote myself:


Maybe your energy would be better spent supporting one of these who already exist.

Geepers! Don't get so defensive when someone gives you a suggestion. We all know that suggestions are not orders.

That's ok though. Lets start a whole bunch of cannabis advocacy groups (CAG). And lets have them all have different agendas too. Seems to me having an over load of CAG's would guarantee infighting.

Personally, I have said for years that the idea of cannabis legalization goes way beyond just getting high. It is about liberty, freedom and self determination.

[420session]

I agree! What you do with your free time is your business. Did you see the word "Maybe" in my post. Here I will quote myself:



Geepers! Don't get so defensive when someone gives you a suggestion. We all know that suggestions are not orders.

That's ok though. Lets start a whole bunch of cannabis advocacy groups (CAG). And lets have them all have different agendas too. Seems to me having an over load of CAG's would guarantee infighting.

Personally, I have said for years that the idea of cannabis legalization goes way beyond just getting high. It is about liberty, freedom and self determination.

NO, I am not bothered with your suggestion on what I should do with my time, eitherway useless to what I was trying to say or convey, but i guess ill just smoke to that and leave it like it is. Rif Raf doesnt lead anywhere...
I know its hard to understand when people are doing something as a benefit to the community through positive insight and facts, Which Ive done in my hood. What should be considered though is the obvious that not enough is done and if politicians and unions feel they have done enough then that is that, however, they cause a rucus the next contract to always re-negotiate and settle- how much are they really worth? I promote thought and have helped out many in my community and will continue with the understanding of our rights and constitution, honestly all some people need is motivation and insight. I have a plan, some yeska, some followers, some famous, some money and working on a system to get homes off the grid. That works for me and maybe reading about people getting caught up with our laws contradiction BS and not enough people standing up for them besides family members is enough for some of you, then whats it to you? Although for me its something vital. But, I also do got more time on my hands than others to help.:cool:

:hippy:

[boaz]

... James Madison was truly againts independent state sovereignty due to the contradiction between federal law and state laws, are we really together when we are seperated by different state laws that federals just over ride and create technicalities to punish those and set an example, like mentioned above. Im not trying to argue but only opening the forum for dialogue with my fellow cannabis users. ...

interesting thoughts. My thinking is that Prop 215 really did push this idea of States' rights into the national conscience over the last 14 years. For better or worse? I think better in general, but I do see your point, why should truly ill individuals have to rely on clever politics and the direction of our national zeitgeist just to be able to use their medicine of choice in peace? :wtf: It really is crazy when you think about it.