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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Judge orders marijuana be returned to medical user [CA]
    #10172637 - 04/15/09 04:42 PM (14 years, 11 months ago)

Judge orders marijuana be returned to medical user
April 15, 2009 - fresnobee.com

A Tulare County Superior Court judge today ordered the return of all marijuana confiscated from a medical marijuana user who was found not guilty of growing and selling the drug.

The decision by Judge Darryl Ferguson means Richard Daleman, 61, will get back all 12 pounds of the marijuana confiscated when he was arrested in December by Tulare County sheriff’s deputies.

After Daleman’s trial ended in late March, Ferguson said the Sheriff’s Department should return up to 6 pounds — the amount recommended by Daleman's physician.

Daleman acknowledged that his doctor’s recommendation says he can possess up to 6 pounds of medical marijuana, but he said that’s 6 “processed” pounds — minus the parts that he doesn’t use — because he doesn’t smoke the drug.

Ferguson cited similar court cases in ruling today that all marijuana “reasonably related" to Daleman's medical needs should be returned to him.

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InvisibleKnifey Mcstab
Sir Prancelot Brainfire
Male


Registered: 01/04/04
Posts: 4,846
Loc: PNW
Re: Judge orders marijuana be returned to medical user [CA] [Re: veggie]
    #10172678 - 04/15/09 04:49 PM (14 years, 11 months ago)

That's a generous ruling man...wow.

He got busted with 12 pounds and gets to keep 6?

I'm moving to cali.


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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Re: Judge orders marijuana be returned to medical user [CA] [Re: Knifey Mcstab]
    #10172748 - 04/15/09 04:57 PM (14 years, 11 months ago)

"The decision by Judge Darryl Ferguson means Richard Daleman, 61, will get back all 12 pounds of the marijuana confiscated"

He gets it all back!

Some more info a previous articles:
Quote:

He acknowledges that his doctor's recommendation says he can possess up to 6 pounds of medical marijuana, but he says that's 6 "processed" pounds -- minus the parts that he doesn't use.

Daleman said he extracts hash and kief -- a powder made from glands of a cannabis plant -- because of their potency. He rubs it on his knees and right shoulder for his arthritis and chronic pain, uses it as an ingredient in food such as brownies and mashed potatoes, and also uses it as a suppository for a prostate problem.

Because he doesn't smoke it, Daleman said, "By law I can have six to 10 times more" than someone who smokes it for medical reasons.

Ferguson will consider Daleman's request today.

Daleman was arrested Dec. 16 by Tulare County sheriff's deputies and charged with two counts of possession of marijuana for sale and two counts of cultivating marijuana, said his attorney, Andy Rubinger, a county deputy public defender.

He spent three months in jail.

Daleman said he is protected under the Compassionate Use Act approved by California voters in 1996. The act allows medical marijuana use with a doctor's recommendation.

Although deputies believed he was also selling marijuana, "there was no evidence that he ever sold any," Rubinger said.

A jury agreed, finding Daleman not guilty on all counts March 27, Rubinger said.

Gallian said he wouldn't discuss the facts of the case.

A spokesman for the Marijuana Policy Project, a national medical marijuana user advocacy group, said he believes Daleman should prevail in court.

In a recent case in Orange County, the city of Garden Grove was ordered by a Superior Court judge to return marijuana to a medical user whose criminal charges had been dismissed, said Aaron Smith, Marijuana Policy Project spokesman in Santa Rosa.

City officials refused, saying the marijuana use violated federal laws, Smith said. An appellate court and the state Supreme Court agreed with the lower court's ruling, he said.

"In ultimately all cases, the court comes down in returning all property," he said.

But a Susanville man says he shouldn't have to go to court to get Fresno County officials to return his medical marijuana.

Ken Thornton said Fresno police confiscated about a half-ounce -- even though he showed them his medical marijuana identification card -- during a traffic stop in February.

Thornton, 42, said he was in town to help his son move when he was cited for an expired vehicle registration, which he said was cleared up the next day.

The Fresno County District Attorney's Office did not file charges against Thornton.

Melissa White, legal adviser for the Fresno Police Department, said Thornton needs to get a court order before police can release his marijuana to him because it is a controlled substance.

Thornton can get an order from any state court, but he will still have to pick up his marijuana in person, White said.

But Thornton said it's a huge hassle to drive from Lassen County back to Fresno.

"It shouldn't have been taken in the first place," said Thornton, who uses marijuana to offset side effects of treatment he receives for hepatitis C.



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Offlineneopet nub
Stranger


Registered: 11/29/08
Posts: 2,408
Last seen: 13 years, 22 days
Re: Judge orders marijuana be returned to medical user [CA] [Re: veggie]
    #10172993 - 04/15/09 05:34 PM (14 years, 11 months ago)

Wow! More than his prescription, kewl.


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Ego death from weed!

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OfflineSolomonTheShaman
I love to travel
Male


Registered: 07/06/08
Posts: 211
Last seen: 14 years, 7 months
Re: Judge orders marijuana be returned to medical user [CA] [Re: neopet nub]
    #10174737 - 04/15/09 10:21 PM (14 years, 10 months ago)

I had no idea of the topical use of kief/hash.  I have a bit of arthritis myself, I wonder if it works?


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"Live as if you were to die tomorrow. Learn as if you were to live forever."

-Mohandas Gandhi

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Offlinefltdriver82
Naked and offensive
Male User Gallery


Registered: 01/24/09
Posts: 1,285
Loc: On a trip
Last seen: 3 years, 2 months
Re: Judge orders marijuana be returned to medical user [CA] [Re: SolomonTheShaman]
    #10175688 - 04/16/09 12:49 AM (14 years, 10 months ago)

Finally, the little man gets a break!


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The Fourth Amendment gives every American the right to refuse any search without a warrant.

Say hello to my friend, his name is George.
Every other ? you have is answered here

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Offlineshroomgatherer
Connoisseur of the finer things
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Registered: 11/08/07
Posts: 1,731
Loc: Florida
Last seen: 3 months, 28 days
Re: Judge orders marijuana be returned to medical user [CA] [Re: veggie]
    #10176366 - 04/16/09 07:23 AM (14 years, 10 months ago)

:thumbup:

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Offlineweephar
The Consultant

Registered: 05/03/05
Posts: 695
Loc: USA
Last seen: 11 days, 5 hours
Re: Judge orders marijuana be returned to medical user [CA] [Re: veggie]
    #10176379 - 04/16/09 07:29 AM (14 years, 10 months ago)

Quote:

veggie said:

Quote:

He spent three months in jail.









HOLY SHIT!! 

He spent 3 months in jail and he was found not guilty!

Returning that 12 pounds of (what is no longer fresh) weed is the least they can do.  They should be doing a lot more than that.  If I was in jail for 3 months for something that is not illegal, I would be PISSED!!  :crankey:


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Life is good! (and it is also a journey)

Free Rudd!

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Offlinefeifen

Registered: 10/18/08
Posts: 7,040
Last seen: 13 years, 2 months
Re: Judge orders marijuana be returned to medical user [CA] [Re: weephar]
    #10176624 - 04/16/09 08:57 AM (14 years, 10 months ago)

Yeah but that totally beats being in another state where u WILL be found guilty, and the fact u had 12 pounds u would be found guilty on dealing too..  and now ur in jail for 5years+

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Offlineweephar
The Consultant

Registered: 05/03/05
Posts: 695
Loc: USA
Last seen: 11 days, 5 hours
Re: Judge orders marijuana be returned to medical user [CA] [Re: feifen]
    #10176699 - 04/16/09 09:17 AM (14 years, 10 months ago)

Quote:

feifen said:
Yeah but that totally beats being in another state where u WILL be found guilty, and the fact u had 12 pounds u would be found guilty on dealing too..  and now ur in jail for 5years+




Yes, but he wasn't in another state...he was in California.  He knew that he wasn't breaking the law there and he shouldn't have been put in jail for 3 months.

If he lived in another state, he would have known the risk he was taking and probably would have been more careful and maybe wouldn't have gotten caught.  Since he was in Cali, he wasn't breaking the law, so he might have not worried so much about hiding his shit and it cost him 3 months of his life that he will never get back.


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Life is good! (and it is also a journey)

Free Rudd!

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Offlinefeifen

Registered: 10/18/08
Posts: 7,040
Last seen: 13 years, 2 months
Re: Judge orders marijuana be returned to medical user [CA] [Re: weephar]
    #10176744 - 04/16/09 09:26 AM (14 years, 10 months ago)

Yeah man I totally agree with you. He should have NOT been in custody at all. Nothing should of happened to him in the first place. :yesnod:

I need to get over to cali... haha.

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Offlineweephar
The Consultant

Registered: 05/03/05
Posts: 695
Loc: USA
Last seen: 11 days, 5 hours
Re: Judge orders marijuana be returned to medical user [CA] [Re: feifen]
    #10177600 - 04/16/09 12:32 PM (14 years, 10 months ago)

Quote:

feifen said:
I need to get over to cali... haha.




Me too! :smile:


--------------------
Life is good! (and it is also a journey)

Free Rudd!

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