Pubdate: Thu, 31 Oct 2002 Source: New Times (CA) Section: The Shredder Copyright: 2002 New Times Contact: http://www.newtimesslo.com/ Details: http://www.mapinc.org/media/1277 Related: http://www.mapinc.org/drugnews/v02/n1967/a04.html Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) HEY, I'M NOT THAT STUPID It's time to talk about something that's lots more interesting than the upcoming boring election that has me Zzzzzzzzzzzzing off. Instead, let's talk about drugs. If you've heard about a guy named Donovan No Runner, then you know he got busted a couple weeks back for marijuana possession. Donovan has a medical problem. Bipolar something-or-other that I don't know anything about - but Donovan's doctor does, which is why Donovan gets to smoke marijuana legally, but I can't. I may be crazy, but nobody's been able to prove it. But he's got a pot prescription from a doctor who says Donovan needs it to keep his bipolar thing under control. The SLO Police Department said screw that noise. They took it and charged Donovan with misdemeanor marijuana possession. Donovan got mad. Then he got a lawyer. Then he set up a tent and camped out on the SLO County Courthouse lawn in protest. Then he had his day in court. Defense attorney Lou Koory said the cops had to give it back. The District Attorney's office grumbled. State law says so, said Koory. The DA said, well ... um ... and Judge Barry LaBarbera agreed with Kroory. Give it back, next case. Donovan is still waiting. The cops said nope, nope, no dope for Donovan. How come? Because federal law says it's illegal. The cops say if they give it to him, they could face "federal sanctions." Translation: They could be arrested by the feds for possession - and we certainly can't have cops arrested for being like the scumbag dope dealers they're supposed to arrest. This, of course, is all very stupid. Proposition 215 got passed a couple years back, legalizing medical marijuana. The people have spoken. State law allows it. The California Supreme Court upheld it. The DA said, well ... um ... yeah, state law says that, so we can't argue otherwise, even though we'd really like to arrest doper Donovan and throw him in jail for flaunting his drug use under this phony-baloney "law" that the idiot people allowed and the liberal moron court upheld, the fools, how could they have done such a thing? What's next? Medical heroin for hemorrhoids? The deputy DAs and their boss, Gerald Shea, won't say so, but that's exactly what they think. It pisses off the cops, too. Come on - they're supposed to arrest doper Donovan druggies, not give them the stuff. LaBarbera said do it, dammit, and he used to be the district attorney, remember? The cops stalled. They said Donovan's marijuana is at the lab, so they can't give it back right now. Standard procedure, be back sometime soon, we think, you never know, things get lost. Then they fumed some more until someone came up with that federal statute thing. "Your Honor," they told LaBarbera, "if it pleases the court, we respectfully request and very much hope that you'll fall for this absurd reasoning ... " They want him to reverse his decision because they don't want SLO Police Chief Jim Gardiner arrested for dealing. It would be simply terrible if Jim had to wear an orange jumpsuit and spend his retirement in a crummy jail cell beneath the spacious office he's occupied all these years. So now there's a hearing set for next month. The DA will lay out this line of blather to LaBarbera. But the judge is no dummy. He knows what's going on. So do I. Maybe I'm just and ignorant shredding device, but I've never heard the cops say screw state law, we don't care what those dimwitted justices think, we're here to enforce federal law, and to hell we local jurisdiction. But I have to admit it's a pretty clever strategy that wraps the ropes of justice around the horns of a dilemma and keeps everyone scratching their heads. What to do? State law, federal law - it's all so confusing, so they'd better just keep the pot at the lab until the judge sees the light or a higher power intervenes, and too bad for you, Donovan. Wait - I have the solution. It's simple. Although the thought of having the SLOPD arrested for dealing dope is both pleasurable and hilarious (and unfortunately unlikely), they needn't worry. All they have to do is tell the Drug Enforcement Agency to stop by so they can dutifully hand the stuff over to the proper authorities. Then it really would be a federal issue - and Donovan, under federal law, would have no more case and on more marijuana, even if the Surgeon General wrote him a prescription. But then poor Donovan would be camping out in protest until the Drug War ends sometime during the next 500 years. So instead, the cops should just take Donovan's dope out of the file cabinet that's next to the coffee pot and hand it to the DA as evidence. Then the DA can go to court and hand it to the judge so LaBarbera can more closely examine the evidence, and he can then hand it to Koory who can hand it to Donovan, who can then meet me behind the courthouse, and then everything will be just dandy and we can all go home and ponder which sitcom to watch on Election Night. - --- MAP posted-by: Jo-D