Pubdate: Fri, 03 May 2002
Source: Appeal-Democrat (CA)
Copyright: 2002 Appeal-Democrat
Contact:  http://www.appeal-democrat.com/
Details: http://www.mapinc.org/media/1343
Author: Harold Kruger

SF JUDGE FUELS YUBA POT FIGHT

Marijuana Issue Gets Another Opinion

While Yuba County's medical marijuana standoff continued Thursday, a San 
Francisco judge, ruling in another case, said pot should not be returned.

"I believe I am doing the right thing by refusing to violate federal law," 
said Sheriff Virginia Black in not following a judge's order to release 
marijuana in her department's possession. "I can't in good conscience do that."

Meanwhile, Yuba City lawyer Justin Scott said his "position hasn't changed 
one iota. We get the marijuana back, or we force the issue with her."

Scott represents Doyle Satterfield, who along with his wife, Belinda, 
thought they could retrieve their medical marijuana earlier this week after 
Judge James Curry said it should be released.

Black refused to turn over the pot on Tuesday.

"We're trying to work out a compromise," Scott said without giving details.

"We don't want to have her put in her own jail," he said. "She may leave us 
with no choice."

Scott had set a Thursday deadline for Black to release the pot - 37 plants 
and 41/2 pounds of dried material.

County Counsel Dan Montgomery declined to comment.

The Satterfields were arrested last August and the marijuana seized. 
Prosecutors dropped the charges in January after the couple proved they 
needed the marijuana for their ailments.

"My personal opinion about marijuana doesn't even enter into this fray," 
Black said. "Whether I believe Proposition 215 should have been passed is 
not the issue. I work to uphold the law, and that's what I intend to do - 
federal law, state law and local ordinances."

Scott disagreed, saying the sheriff "is a local law enforcement official 
charged with enforcing state law. She's not a federal agent."

The attorney said he's "not trying to inflame this situation any more than 
necessary. I don't understand her position, to tell you the truth. Does she 
honestly believe the feds are going to prosecute her if she complies with a 
court order?"

Politically, Black may have a majority of county residents on her side in 
what she dubbed the "standoff at the Yuba corral."

In November 1996, Proposition 215, which allowed medical marijuana in 
California, won with 55.6 percent of the vote statewide.

But in Yuba County, 54 percent of voters rejected the measure.

"It isn't that I want to make anyone angry or upset people's apple cart," 
Black said. "I certainly don't need all this attention in my life. There 
are enough things going on in Yuba County that occupy my time."

In San Francisco this week, Superior Court Judge Wallace Douglass, ruling 
in a medical marijuana case, said the Police Department should not hand 
over the drugs.

The judge had initially ordered police to return 11/2 ounces of pot and two 
vials of hashish oil seized during an arrest.

But on Wednesday, the judge changed his mind after hearing from a Police 
Department lawyer, who contended that turning over the drugs violates 
federal law.

"I think we were very clear, and he reversed himself," said Inspector 
Sherman Ackerson, a Police Department spokesman.

"Until the law is changed, if you have drugs and you're going to attract 
police attention and you're going to get arrested for misconduct, you can 
expect those drugs, especially contraband, to be confiscated and not 
released," he said.

In San Francisco, Ackerson said, "If you're drunken driving, smoking dope 
and get pulled over by a cop, don't hold up your medical marijuana card as 
some sort of get out of jail free card. It's not going to work."
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