Pubdate: Mon, 16 Apr 2001
Source: Tahoe Daily Tribune (CA)
Copyright: 2001 Tahoe-Carson Area Newspapers
Contact:  http://www.mapinc.org/media/443
Website: http://www.tahoe.com/tribune/
Author: Timothy Bowman
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL POT ADVOCATE HOPES TO SET COURT PRECEDENT

Matthew Macosko is walking free for the time being. 

Macosko was arrested April 11 after mailing a package containing a
quarter pound of marijuana. The package, which was sent to an address in
Kentucky, was intercepted by a U.S. postal worker and South Lake El
Dorado Narcotics Enforcement Team was notified. The package never
reached the intended recipient and was returned to South Lake Tahoe. Law
enforcement waited for Macosko to retrieve the package and shortly after
arrested him. Authorities also found $10,550 cash on Macosko. 

During his arraignment, Macosko waived his right to a speedy trial. His
preliminary hearing has been set for May 7 at 8:30 a.m. He faces two
felony charges of transportation of marijuana and possession of
marijuana for sale. 

Judge Susan Kingsbury released Macosko, a well-known distributor of
medical marijuana on the South Shore, on his own recognizance. His bail
had been set at $250,000. 

Despite the gravity of the charges, Kingsbury said she felt it was
unlikely Macosko would attempt to flee if released. 

"I do think you will appear in court," Kingsbury said during Macosko's
arraignment. "I am going to release you on your own recognizance." 

During the proceedings Macosko said that his intention was to provide
medical marijuana for persons in serious need through a South Shore
dispensary, Tahoe Healing Caregivers. He argued that the medical
marijuana laws are unclear as to the legality of mailing marijuana for
medical purposes. 

"I know that the mailing thing has not been addressed yet, but I am
trying to set precedents," Macosko said. "I see people hurting in town
and everywhere, and I try to help them." 

Kingsbury agreed the medical marijuana laws are ambiguous in their
wording. 

"The medical marijuana laws are lacking in many respects," Kingsbury
said. "They were drafted very poorly. It leaves these people without
parameters with which to conduct themselves within the law." 

Kingsbury's decision to release Macosko came on the condition that he
not sell, use, mail, or drive under the influence of marijuana. Macosko
said he was happy with the judge's decision. 

"I'm glad I was let out on (my own recognizance,)" Macosko said. "I am
not running. I am planning on setting some precedent." 

About a dozen people gathered in front of the court and on Al Tahoe
Boulevard to support Macosko. They held signs supporting his release and
they waved to passing cars. Macosko's godmother, Stevie Kiss, was among
them and said she was pleased with the decision. 

"Matt has made it possible for everyone in Lake Tahoe to be medicated,"
Kiss said. "There are people who are dying and they need this
medication. I don't think he should be charged with it. I feel wonderful
and I feel beautiful for Matt."
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