Another Set Back

Whatever happened to a presumption of innocense?
C/P
Court: Doc's marijuana OK doesn't preclude search

By GENE JOHNSON Associated Press Writer

The Washington State Supreme Court says a doctor's permission to use medical marijuana doesn't preclude police from arresting a patient or searching his home.


Story Published: Jan 21, 2010 at 10:52 AM PST

Story Updated: Jan 21, 2010 at 11:24 AM PST

SEATTLE (AP) - A doctor's permission to use medical marijuana doesn't preclude police from arresting a patient or searching his home, the Washington State Supreme Court ruled Thursday.

The high court upheld the conviction of Jason Fry, a Stevens County man busted with 2 pounds of marijuana in 2004. Justices said sheriff's officers who smelled marijuana smoke at his home had probable cause to believe a crime was committed - even after the man presented them with an authorization from his doctor.

Eight of the nine justices said Washington's law only allows patients to present a medical marijuana defense at trial, and does not protect them from arrest or searches. It's hard to imagine how police could determine whether someone was complying with the law - such as by only possessing a 60-day supply of marijuana - without conducting a search, they said.

"Possession of marijuana, even in small amounts, is still a crime in the state of Washington," Justice James Johnson wrote in the lead opinion. "A police officer would have probable cause to believe Fry committed a crime when the officer smelled marijuana emanating from the Frys' residence."

Justice Richard Sanders dissented on that point, saying such an analysis would neuter the state's compassionate use law, passed by voters in 1998. While the law does create a defense against marijuana charges to be used at trial, he said, it also states that qualifying patients "shall not be penalized in any manner, or denied any right or privilege" for using marijuana under the act.

Under the court's ruling, a patient could be searched, arrested and hauled to court every time an officer smells marijuana at his or her home, even absent any evidence the patient is breaking the medical marijuana law, Sanders argued.

"I do not find the mercy of the people of Washington for individuals with terminal or debilitating illnesses to be so fickle," Sanders wrote.

Five justices also ruled that generally, judges must allow a jury to decide whether someone is a qualifying patient under the law. In this case, a Stevens County judge ruled on his own that Fry was not a qualifying patient.

Nevertheless, Fry's conviction was upheld because a defense lawyer conceded that his severe anxiety and depression are not conditions covered by the law.

Many pro-marijuana activists in Washington are frustrated that patients continue to be arrested and prosecuted, and some prosecutors have also expressed frustration over the difficulty of determining what's legal and what's not under the state's law.

One group, Sensible Washington, cites the confusion as one reason it's pushing a ballot initiative this year that would remove all state criminal penalties for adult use, possession, growing and delivery of marijuana.

On Wednesday, a state House committee rejected two other marijuana-reform measures - one that would make adult possession of small amounts punishable by a fine only, and one that would legalize marijuana for those 21 and older.

That is a load of crap. Its unfortunate he was convicted but i would understand the ruling as he did not have a proper qualifying condition. I have severe anxiety myself, i know that it helps in this situation, but i could never use that in court for my condition. Severe anxiety, and depression were rejected by the DOH some time ago as not having enough research on the benefits of the medical use for Anxiety.

This is what i am so concerned with. I understand that some mmj patients are able, and in a phsical state where thay can present themselve to a jury. But most terminaly ill patients are not able to do so, and are in no condition to have this great inconvenience.

If proper documentation is presented, and you are within the perameters of the laws in this state, there is no reason why one should have to endure this persecution.

They are working on it here in Washington to cover anxiety. And it should be covered. For anyone thats ever smoked, we know that is one of the primary benefits of MMJ. But its called the "high" and the legislature doesn't want anyone getting high off medicine.lol

Five justices also ruled that generally, judges must allow a jury to decide whether someone is a qualifying patient under the law.

On other words, a jury can tell a doctor he's full of shit??? If a person is in compliance, they should not be brought before the court. This simply nullifies the doctor's authorization and adds considerable burden on the patient to have to hire an attorney to defend what is true. Judicial activism at its worse. Hopefully, the initiative will nullify the courts out of bounds ruling. And, the bottom line, since he wasn't a qualifying patient, this is a poor precedent setting or test case.

Bottom line......How would they have decided if a fully authorized patient went through the same action???? Does this need to be run through the system too. I think not because again, it represents judicial activism against the will of the people. It also places an unnecessary burden upon a defendant to prove they are innocent. :D

And the lawyer who appealed this non-authorized person was an idiot. He must have had political pressure from somewhere. Is the defendant that weatlhy that he tried to push this past the court????? Fucked up decision and test case if you ask me again. :D

And on another note, how does this effect the decision by Seattle's New city Attorney not to prosecute marijuana offenses? Does it now force him to prosecute or does he still have leeway not to? :wtf:

Compare this decision :mad: to this one from California. :D

Calif. high court strikes down medical pot limits

Well I guess my case is the one too kick the shit out of our justices. It is absolute TORTURE for them too rule this way....I read the accual court ruling on nexis lexis and will post it tommarrow in the legal section. Tonight I am just too sick too post it....:(

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Originally Posted by gypski

And the lawyer who appealed this non-authorized person was an idiot. He must have had political pressure from somewhere. Is the defendant that weatlhy that he tried to push this past the court????? Fucked up decision and test case if you ask me again. :D

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The court noted it was a THCF authorization from Dr. Orvald. Fry was an authorized qualifying patient, the Dr. is the one who fucked it all up because he didn't write the correct info. in the correct places. Fry has severe back pain unrelieved by standard meds and treatment, yet it was not noted as a qualifying condition by the damn stupid M.D. grrrrrrrrrrrrrrrrrrrrrr this just fry's my hide.....:wtf::wtf::wtf::wtf:

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Originally Posted by jamessr

The court noted it was a THCF authorization from Dr. Orvald. Fry was an authorized qualifying patient, the Dr. is the one who fucked it all up because he didn't write the correct info. in the correct places. Fry has severe back pain unrelieved by standard meds and treatment, yet it was not noted as a qualifying condition by the damn stupid M.D. grrrrrrrrrrrrrrrrrrrrrr this just fry's my hide.....:wtf::wtf::wtf::wtf:

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Then the patient needs to double check their authorization so that it states explicitly what is qualifying them. Passing the buck gets nowhere. :(

Mine doesn't state either what the qualifying condition is. But it doesn't really have to and do you want that information on document that may get handed around by police and others? Is it really any of there business what your medical condition is? I say no. Its protected information between you and your doctor. Cops or judges are not medical professionals.

It just occurred to me, that since the esteemed justices say a jury must decide, then request a jury and a PD to handle your case. The majority of the people I know who are medically authorized could not afford to hire and attorney. So, since the justices placed the burden on a jury, request a jury trial and a public defender. Cost them more needless wasteful spending for4 the innocent to prove the are not guilty. Innocent until proven guilty doesn't apply anymore it seems. :D

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Originally Posted by killerweed420

Mine doesn't state either what the qualifying condition is. But it doesn't really have to and do you want that information on document that may get handed around by police and others? Is it really any of there business what your medical condition is? I say no. Its protected information between you and your doctor. Cops or judges are not medical professionals.

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THCF attached several pages to my authorization that explicitly states what my qualifying condition is. They must be changing their methods since I got mine. :(

This is just another case in which Paul Stanford head of THCF has screwed another patient out of lots of money for his own personal benefit. We got tracy, soper, barber and now fry with the same old test case crap. THCF needs to be shut down for causing more ACTUAL PUBLIC totality harm then any real good for us patients. Had Dr. Orvald really done his job he owes his patients i.e. physician-patient relationship, fry never would have gotten any authorization for mental health reasons nor would they be mentioned on his documents. Instead Fry's physical conditions would have been documented.

How does THCF offer a service not covered under our MMJ laws? This is called defrauding patients bottom line !!! FRAUD, FRAUD, FRAUD !!!!!

Gypski, your authorization is completely invalid with this type of ruling going on, just like mine is since the court in my case already ruled if it's not within 1 yr of the original signature date, it is invalid per PAUL STANFORD HEAD CEO..... this is crap if ya ask me gypski. I would look at the other 3 documents behind your authorization which clearly states that 6-12 months is when one should go back and see THCF, they call it a follow-up, it is there gypski since THCF has all 4 pages in their records. Your gonna be one pissed off patient if this same deal happens too you as did Jason Fry.:mad::mad:

I know I am and thank god I only had just over an ounce, which in turn I am only being charged for 9.59 grams of it. That POS ceo is hurting patients and needs to come to an end.

What bothers me about this is that a jury of lay people can decide medical diagnoses? Since when did they get a license to practice medicine?

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Originally Posted by jamessr

This is just another case in which Paul Stanford head of THCF has screwed another patient out of lots of money for his own personal benefit. We got tracy, soper, barber and now fry with the same old test case crap. THCF needs to be shut down for causing more ACTUAL PUBLIC totality harm then any real good for us patients. Had Dr. Orvald really done his job he owes his patients i.e. physician-patient relationship, fry never would have gotten any authorization for mental health reasons nor would they be mentioned on his documents. Instead Fry's physical conditions would have been documented.

How does THCF offer a service not covered under our MMJ laws? This is called defrauding patients bottom line !!! FRAUD, FRAUD, FRAUD !!!!!

Gypski, your authorization is completely invalid with this type of ruling going on, just like mine is since the court in my case already ruled if it's not within 1 yr of the original signature date, it is invalid per PAUL STANFORD HEAD CEO..... this is crap if ya ask me gypski. I would look at the other 3 documents behind your authorization which clearly states that 6-12 months is when one should go back and see THCF, they call it a follow-up, it is there gypski since THCF has all 4 pages in their records. Your gonna be one pissed off patient if this same deal happens too you as did Jason Fry.:mad::mad:

I know I am and thank god I only had just over an ounce, which in turn I am only being charged for 9.59 grams of it. That POS ceo is hurting patients and needs to come to an end.

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As far as I'm concerned, Stanford isn't a doctor. Orvald is the doctor, he explicitly described my condition knowing how hard it is to get a knee replacement without insurance. I have medical records to support this problem long term. Like around 40 years dealing with my knee. I say bring it on, it will only be prejudicial persecution should anything happen. So, I don't need Paul Stanford to tell me how long my authorization is. Under Washington State Law there is no expiration clause, I have a long term painful illness that has been confirmed again by another physician who has seen me before. Let the state become abusers over LEOs fear of job losses which they so surely deserve. It just goes to prove how arcane the laws are, and how ignorant the people have become. :D

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Originally Posted by WashougalWonder

What bothers me about this is that a jury of lay people can decide medical diagnoses? Since when did they get a license to practice medicine?

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I said the same thing and I agree. Who the hell are 12 laymen to overrule a licensed physician? Will they have as much education as the defendant since they are supposed to be their peers? Twelve sheep to be lead astray by a vindictive, anti-cannabis attorney dressed in wolf's clothing? Not in my book little Bo Peep. The big, bad wolf can just go straight to hell for being a persecutor not prosecutor. :pimp:

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Originally Posted by gypski

It just occurred to me, that since the esteemed justices say a jury must decide, then request a jury and a PD to handle your case. The majority of the people I know who are medically authorized could not afford to hire and attorney. So, since the justices placed the burden on a jury, request a jury trial and a public defender. Cost them more needless wasteful spending for4 the innocent to prove the are not guilty. Innocent until proven guilty doesn't apply anymore it seems. :D

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And this is part of the short term solution. And I don't care what you're charged with. Just ask for an attorney and you want a jury trial. Cost them as much money as you possibly can, drag it out as long as you possibly can. Drain the system till it collapses.

hello all,

it is unfortunate that Fry was convicted with poss. of MJ, but if everything was done properly and followed he would not have had that problem. its funny how we point the finger at everyone, but ourselves sometimes. the dr. is not to blame, i see a regular physician and to be honest he has made a few mistakes with paperwork but it is up to me as well to ensure that everything is documented properly, as for a jury well that is a 50/50 chance. some people are just out to screw you over and there is nothing we can do about them, but there judgements are based on the info laid out in front of them not everyone reads and critiques the law like us. lastly to answer everyones question about Anxiety I thought I would pass this one on I received this email a few days ago from DOH.

The Medical Quality Assurance Commission, in consultation with the Board of Osteopathic Medicine and Surgery, made the decision on January 15, 2010, to deny the petition to add bipolar disorder, severe depression and anxiety related disorders, specifically social phobia to the medical conditions for which medical marijuana would be beneficial and that are permitted under state law RCW 69.51A.010(4).

pls note that this is not to down the cause or to start a debate i just want to input opinion. I can speak from personal experience I have had my home searched with plants going and received no punishment, but i was arrested and tried for another case and the judge wrote in my doc. that I was alwayed to still operate under the medical marijuana law....aka don't do anything stupid we are responsible for our own actions. Fry should continue to fight it because he does as stated earlier have a true illness.:hippy::jointsmile:

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Originally Posted by iforgotmyname

hello all,

it is unfortunate that Fry was convicted with poss. of MJ, but if everything was done properly and followed he would not have had that problem. its funny how we point the finger at everyone, but ourselves sometimes. the dr. is not to blame, i see a regular physician and to be honest he has made a few mistakes with paperwork but it is up to me as well to ensure that everything is documented properly, as for a jury well that is a 50/50 chance. some people are just out to screw you over and there is nothing we can do about them, but there judgements are based on the info laid out in front of them not everyone reads and critiques the law like us. lastly to answer everyones question about Anxiety I thought I would pass this one on I received this email a few days ago from DOH.

The Medical Quality Assurance Commission, in consultation with the Board of Osteopathic Medicine and Surgery, made the decision on January 15, 2010, to deny the petition to add bipolar disorder, severe depression and anxiety related disorders, specifically social phobia to the medical conditions for which medical marijuana would be beneficial and that are permitted under state law RCW 69.51A.010(4).

pls note that this is not to down the cause or to start a debate i just want to input opinion. I can speak from personal experience I have had my home searched with plants going and received no punishment, but i was arrested and tried for another case and the judge wrote in my doc. that I was alwayed to still operate under the medical marijuana law....aka don't do anything stupid we are responsible for our own actions. Fry should continue to fight it because he does as stated earlier have a true illness.:hippy::jointsmile:

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Sorry but,

The court noted specifically WHY Mr. Fry was convicted. HIS MEDICAL RECORDS WERE FLAWED by Dr. Orvald. Paul Stanford has a proven history as a business owner to tell his CONTRACTED Dr.'s what to write and what not to write for TEST CASE PURPOSES ONLY. No skin off his ass, just ours as patients, since his position is not part of the MMJ laws. Also since no Dr. can be convicted or any charges for the authorization written fucked up.

I have a case before the courts with THCF Dr. Orvald which I was sold a service for life according to mr. THCF ceo and dr. orvald both. This scum bucket stanford wrote a declaration stating the service he sold me was only valid for 1 yr....4 yrs later because we went after(filed suit) the state for stealing our meds and equipment knowing we was patients, they even put in the LEO reports that I am a verified patient.

The court ruled I have no defense since ceo scum said so. WTF? Orvald has not said jack shit yet or written shit about whether my 04' authorization is valid or not. GAME PLAYING BITCHES need their asses stompt out.


Gypski,

I hope you show up at my trial just too see this crap happening so you can game plan against them when it's your turn to face these fucks. I would do it if it was me, as a matter of fact I would be happy to be a witness in your case if you asked me too. ya got my email, I suggest ya use it.;)

Seems they need to be remembered at Election time.