MrFixit
June 10th, 2007, 09:03 AM
Medical marijuana suit could break new ground
(http://cannazine.co.uk//index2.php?option=com_content&do_pdf=1&id=1851) A Superior Court case heard in Chico is raising the question whether a medicinal marijuana case can be tried in civil court a step that would open up law enforcement to fighting lawsuits from people who have plants confiscated or destroyed.
http://cannazine.co.uk//images/stories/flags/medical.jpg
"This is new ground we're breaking," Judge Barbara Roberts said at the beginning of the discussion Friday morning.
The case involves a man who was approached by a Butte County sheriff's deputy for growing too many marijuana plants. David Williams and his spouse both had prescriptions for medicinal marijuana use. But Williams was growing 42 plants in a "collective" medicinal garden.
Collectives were OK'd in March 2002 by the Legislature, said Joe Elford, a lawyer for Americans For Safe Access, an advocacy group for medical marijuana therapeutics and research.
But the definition of "collective" is vague and has not been clearly defined throughout the state.
Elford said it is up to each county to set policies for medical marijuana cultivation.
Most counties allow up to six mature plants for each person with a medical marijuana prescription, and up to six immature plants. In Butte County a person can also have one pound of harvested marijuana.
The District Attorney's Office has a Web site at www.buttecounty.net/da/215.htm (http://www.buttecounty.net/da/215.htm) that details policy for medical marijuana use.
In the case of Williams, the sheriff's deputy told him he needed to relinquish all but 12 plants six for himself and six for his wife.
This was done and Williams was not charged with a crime.
However, Williams later filed a suit against the county in civil court for damages.
http://cannazine.co.uk/medicinal-cannabis/medical-marijuana-suit-could-break-new-ground.html
(http://cannazine.co.uk//index2.php?option=com_content&do_pdf=1&id=1851) A Superior Court case heard in Chico is raising the question whether a medicinal marijuana case can be tried in civil court a step that would open up law enforcement to fighting lawsuits from people who have plants confiscated or destroyed.
http://cannazine.co.uk//images/stories/flags/medical.jpg
"This is new ground we're breaking," Judge Barbara Roberts said at the beginning of the discussion Friday morning.
The case involves a man who was approached by a Butte County sheriff's deputy for growing too many marijuana plants. David Williams and his spouse both had prescriptions for medicinal marijuana use. But Williams was growing 42 plants in a "collective" medicinal garden.
Collectives were OK'd in March 2002 by the Legislature, said Joe Elford, a lawyer for Americans For Safe Access, an advocacy group for medical marijuana therapeutics and research.
But the definition of "collective" is vague and has not been clearly defined throughout the state.
Elford said it is up to each county to set policies for medical marijuana cultivation.
Most counties allow up to six mature plants for each person with a medical marijuana prescription, and up to six immature plants. In Butte County a person can also have one pound of harvested marijuana.
The District Attorney's Office has a Web site at www.buttecounty.net/da/215.htm (http://www.buttecounty.net/da/215.htm) that details policy for medical marijuana use.
In the case of Williams, the sheriff's deputy told him he needed to relinquish all but 12 plants six for himself and six for his wife.
This was done and Williams was not charged with a crime.
However, Williams later filed a suit against the county in civil court for damages.
http://cannazine.co.uk/medicinal-cannabis/medical-marijuana-suit-could-break-new-ground.html