Pubdate: Thu, 25 Apr 2002
Source: Pinnacle, The (CA)
Copyright: 2002 Pinnacle Publishing Co., Inc
Contact:  http://www.pinnaclenews.com/
Details: http://www.mapinc.org/media/2145
Author: Kate Woods, Pinnacle Staff Writer

Sheriff Returns Pot

After Federal Magistrate Refuses To Sign Warrant, Hill Says "Uncle"

Jack Campo, kneeling, counts the 11 grams of medicinal marijuana handed to 
him by Investigator Dennis Stafford, as District Attorney Investigator 
Richard Boomer, left, and Public Defender Greg LaForge look on outside of 
the courtroom Monday.

Sheriff Curtis Hill relinquished 11 grams of medicinal marijuana belonging 
to a terminally ill Hollister man Monday, hours before Judge Steve Sanders 
was poised to cite the lawman for contempt of court.

Hill then let his true thoughts about the issue be known.

"You need to understand something," said the sheriff. "I hope they legalize 
medical marijuana, and I hope the federal government puts its foot down one 
way or another."

Two weeks ago, Hill said that he would not return Jack Campo's pot after 
UNET agents busted the man and his roommates last January during a drug 
raid at their rented home on Hilltop Road. Because the 50-year-old Campo 
had a Stanford doctor's letter explaining his condition and that symptoms 
are relieved by smoking marijuana, the drug case against Campo was 
dismissed. Sanders then ordered that the sheriff return the medical marijuana.

But Hill refused, pitting federal law against state law. Under California's 
Proposition 215, medically qualified patients are allowed to possess small 
amounts of pot. Under federal law, possession of any amount of marijuana is 
illegal.

Hill turned the case over to the federal Drug Enforcement Agency, which 
drew up two federal seizure warrants and presented them to two federal 
magistrates. Neither of the judges would sign them.

"The message was clear," said Hill. "That wasn't a battle they wanted to be 
a part of. And that's not a battle I need to be fighting."

In a crowded court hearing Monday, Campo's lawyer, Public Defender Greg 
LaForge, told Sanders that the issue was settled.

"I've just been informed that the right thing is going to be done," said 
LaForge. "My client's medicine will be returned today."

Outside the courtroom, Campo opened and inspected a brown paper bag that 
District Attorney investigator Richard Boomer had handed him. It contained 
the 11 grams of marijuana that was seized from Campo more than three months 
ago - the same weed that helps the ailing man keep down 1,300 prescription 
pills a month, according to LaForge.

Campo also was to reclaim his Oakland Cannabis Buyer's Club Card on 
Tuesday, when UNET agents were scheduled to bring it to LaForge. Without 
the card, said LaForge, his client would be forced to illegally buy a 
poorer quality of marijuana off the street.

"My client's not a drug dealer," said LaForge outside the courtroom. 
"Fortunately, justice was done. But it should have happened back in 
February," when the marijuana was first ordered returned to Campo.

LaForge said that although his client was glad to get his pot back, he is 
still afraid that a bust will come down on him at any turn.

"Until law enforcement gets on the same page," said LaForge, "individuals 
like my client will always fear this."

It appears that Hill agrees with LaForge.

"I found out they (the federal government) didn't have zero tolerance on 
it," said the sheriff. "Two fed magistrates weren't prepared to sign (the 
seizure warrants).

That's a clear message it won't be enforced and that's fine. I hope they 
legalize compassionate use and take law enforcement out of it. Our job is 
to enforce the law. I found out our federal government is not interested in 
it."
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MAP posted-by: Larry Stevens