MMJ conviction in Grays Harbor county

Well on Friday Feb. 19th in Grays Harbor county James Barber Sr was found guilty of possession of less than 40 grams. The judge denied all Mr. Barbers motions filed with the court. An appeal will suely follow.

The jury unanimously found Mr. Barber guilty after approx. 20 minutes of deliberation . The evidence presented to the jury was that Mr. Barber was speeding/following to closely and when the officer approached the vehicle and stated he smelled marijuana and Mr. Barber handed the officer his marijuana.

Had the jury been able to actually hear the truth of the case with all the relevant evidence like the case was dismissed in Feb. of 2008, the prosecutor never filed any appeal yet, filed charges instead when requested to return the medicine. Mr. Barbers medical history and medical records, his valid authorization aswell as the amount actually taken from him.

don't tell me, you represented yourself?

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Originally Posted by justpics

don't tell me, you represented yourself?

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Justpics,

Your funny ^^^^^, no I did not rep. myself. I had a lawyer named alex hamalian out of portland oregon who was my att. on my last MMJ patient possession case I won, ever heard of entrapment by estoppel(look it up).

The reason I lost at the local level is because my son and I are suing this judges friends and police dept. et.al.. So he the judge stepped up and took a case that was dismissed in the same court by a different judge on Feb. of 2008 under state v. ladson, pretext, the state never filed an appeal, instead criminal charges and infront of a different judge.

This case will make the only patient friendly case law so far here in wa......if not I will eat my underwear in public on the supreme courts steps in front of god and everybody.;)

Bummer James

Only charged you after you asked for your medicine back??? Widbey Island is in Gray's Harbor is it not? That seems like a mind-your-own-business type of place. :(

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Originally Posted by gypski

Whidbey Island is in Gray's Harbor is it not? That seems like a mind-your-own-business type of place. :(

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It generally is, and is one of my favorite places in Washington, though if you piss off a judge there it can go badly for you. I received three times the jail time there for one conviction than I did in King Country for the exact same offense, and the Whidbey sentence was the first sentence, so 'repeat offender' considerations did not apply.

For what it's worth, I have absolutely no idea why the judge in Whidbey had something against me. I am always completely respectful towards law enforcement and judges, which has almost always served me very well. In this particular case, the judge seemed offended that I would commit any crime within his city or something. I dunno. In any case, we are talking small potatoes here, just several weeks at the minimum-security work camp at the Evergreen State fairgrounds in the off-season.

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Originally Posted by jamessr

Well on Friday Feb. 19th in Grays Harbor county James Barber Sr was found guilty of possession of less than 40 grams. The judge denied all Mr. Barbers motions filed with the court. An appeal will suely follow.

The jury unanimously found Mr. Barber guilty after approx. 20 minutes of deliberation . The evidence presented to the jury was that Mr. Barber was speeding/following to closely and when the officer approached the vehicle and stated he smelled marijuana and Mr. Barber handed the officer his marijuana.

Had the jury been able to actually hear the truth of the case with all the relevant evidence like the case was dismissed in Feb. of 2008, the prosecutor never filed any appeal yet, filed charges instead when requested to return the medicine. Mr. Barbers medical history and medical records, his valid authorization aswell as the amount actually taken from him.

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I thought you had a MMJ arguement.

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Originally Posted by killerweed420

I thought you had a MMJ arguement.

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That don't mean a judge will listen to it. I must have argued something over the last 2 yrs.lol. maybe with myself huh?lol.

The MMJ cases now are mostly case law one's the state is trying to make bad for us. I am going to appeal until it hits the u.s. supreme ct., due process claims.

The judge most definitely abused his discretion denying my Aff. Def. because my DDD-pain authorization expired in 07' which superseded my barretts-pain authorization of 04' with no-expiration date on it because it was for the "same drug". Dr. Orvald never did testify or write any affidavit or anything for the state, just the THCF CEO did, which does not mean anything under the laws of our state regardless of his CEO claim.

On too my appeal we shall see what happens.

You should have done like they did in the Pt. Orchard case. Orvald din't want to testitfy so the defense attorney supeoned him to force him to testify.
You don't have to have an MMJ authorization in Washington to argue for MMJ use. All it says is a medical neccesity is all thats required and you have that clearly.
Orvald ended up the deciding factor in the Pt.Orchrd case because he had to clearly testfiy why his patient neede the extra MJ. He'd of skit his own throat if he had testified otherwise.

The court would not allow him to tesify, nor did the state want him too. He was the states witness since they filed on me. It was a great hide the wenie trick which will backfire on all them when my appeal get's heard.

This case was about stealing property, my medical records we denied the city of hoquiam in our suit, so we got criminal charges so they could get bogus warrants to get them form THCF in oregon., not wa. cause I never was seen in wa. ever !!.

Someone got their tit in the ringer and had too cover it up.lol. I ain't done yet by all means.

This was the update entered on the Cannabis Defense Coalition case tracker today:

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Update: 2010-02-19: James, not allowed to present his medical marijuana defense, was found guilty of possession of less than 40 grams of marijuana, sentenced to 90 days jail, 89 of which are suspended and converted to 40 hrs community service, $656 in fines, 2 years probation. He plans to appeal.

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Originally Posted by jamessr

The court would not allow him to tesify, nor did the state want him too. He was the states witness since they filed on me. It was a great hide the wenie trick which will backfire on all them when my appeal get's heard.

This case was about stealing property, my medical records we denied the city of hoquiam in our suit, so we got criminal charges so they could get bogus warrants to get them form THCF in oregon., not wa. cause I never was seen in wa. ever !!.

Someone got their tit in the ringer and had too cover it up.lol. I ain't done yet by all means.

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Was it a jury trial?
Sounds like some crooked prosecutors and judges. Hard to beat them when they're corrupt to begin with. You have to be sneaky and catch them in lies.

Jury trial yep ! Corrupt judge, prosecutor, and trooper, yep!! It's all on the record, both written and electronic....

We will see what the superiour court says on appeal.lol GUILTY !! I don't see any court in wa. giving me a denial of due process claim or an abuse of discretion claim. I believe I will need to file federally.

Here's a question for you, jamessr... I know it's off topic, but I'm betting you already know the answer or could find it easier than I could. Why does it appear that Dr. Jason Ling is not registered in the state of WA? Surely he must be, right? So why can't I verify his license and credentials like I do with other doctors?

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Originally Posted by mugenbao

Here's a question for you, jamessr... I know it's off topic, but I'm betting you already know the answer or could find it easier than I could. Why does it appear that Dr. Jason Ling is not registered in the state of WA? Surely he must be, right? So why can't I verify his license and credentials like I do with other doctors?

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Well I don't know why you can't cause I can. I just did, go to the DOH site as you said above. He is licensed here in wa. here: https://fortress.wa.gov/doh/provider...rchResult.aspx

So I hope this helps with your confusion.

NOTICE: Military status!!

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Originally Posted by jamessr

Well I don't know why you can't cause I can. I just did, go to the DOH site as you said above. He is licensed here in wa. here: https://fortress.wa.gov/doh/provider...rchResult.aspx

So I hope this helps with your confusion.

NOTICE: Military status!!

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That's precisely where I was looking, but apparently I didn't select the right Credential Type (Didn't know you could leave that field at the default value). Thanks for confirming that I was at least on the correct path, I thought for sure you'd know the answer :)

So... Is he the "Navy Doctor" that is often referred to in the WA case files?

Please don't get me wrong, I'm not bashing the guy, I'm just seeking info in order to feel that I've done due diligence and covered my own ass.

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Originally Posted by mugenbao

That's precisely where I was looking, but apparently I didn't select the right Credential Type (Didn't know you could leave that field at the default value). Thanks for confirming that I was at least on the correct path, I thought for sure you'd know the answer :)

So... Is he the "Navy Doctor" that is often referred to in the WA case files?

Please don't get me wrong, I'm not bashing the guy, I'm just seeking info in order to feel that I've done due diligence and covered my own ass.

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Your entirely welcome. Glad I could be of assistance.

What Wa. case files are you talking about first of all?

Navy Doctor means this is JW.?

Bash who you will, just please have evidence as too your bash.

Covering your own butt means go too your regular doctor and get authorized, not a pot-doc clinic....it's that simple.:D

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Originally Posted by jamessr

What Wa. case files are you talking about first of all?

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I can't seem to find it at the moment, and am on my way to work. I was reading some LEO memos and meeting minutes that someone got using FOIA that were related to WA State MMJ arrests and prosecutions, and there were several mentions of an unnamed "navy doctor" who was writing recommendations. I think the documents were several years old if I remember correctly. If it's really of interest I'll try to dig it up tonight after work.

It's not a big issue for me, I was just trying to get up to speed on the mmj situation and history in WA as much as possible, and that was something that stuck out at me that I wanted to know more about.

Yes I have a copy of those files your speaking about. They contain mostly irrelevant info. about the Dr. but, do state that a steve sarich and a John Worthington are being investigated because they spoke up for a California medical marijuana caregiver, Eddy Lepp. This is how it all started, the " manufactured" investigation that is....

The case is closed because, the government handed over the documents. They don't give documents too open cases under the FEDERAL FIOA OR STATE FOIA.:D

Alloway needs to find another job if ya ask me, he just robs people and then fabricates(manufactures) false evidence for the prosecutors and judges.LOSER!!

I think their is still the strain 4 Way Alloway in Washington named after some plants that he had confiscated and pollinated some of the ladies. :D

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Originally Posted by gypski

I think their is still the strain 4 Way Alloway in Washington named after some plants that he had confiscated and pollinated some of the ladies. :D

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Must be some hallucinogen huh? 4 way alloway is funny, got any idea if it was an good?

Great job description though, pollinator MMJ alloway.lol.

Would this be Roy Alloway from Kitsap county?

NONE OTHER THAN.

What a piece of work he is.

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Originally Posted by jamessr

Must be some hallucinogen huh? 4 way alloway is funny, got any idea if it was an good?

Great job description though, pollinator MMJ alloway.lol.

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I smoked some at the hempfest a couple of years back. It was tasty!!! :jointsmile:

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Originally Posted by killerweed420

What a piece of work he is.

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So politically correct brother. I am sure you have worse choice names than that for this guy. I know I do.lol.;)

I've known him for quite a few years, he's in the gool old boys club from Kitsap county. Would like to see Kopbusters do a sting around here.lol