Pubdate: Tue, 07 Jan 2014
Source: Las Vegas Review-Journal (NV)
Copyright: 2014 Las Vegas Review-Journal
Contact: http://www.reviewjournal.com/about/print/press/letterstoeditor.html
Website: http://www.lvrj.com/
Details: http://www.mapinc.org/media/233

HASHED OUT

D.A. Rightly Drops Marijuana Prosecution

David Silvaggio is a case study in the overreach of the war on drugs
and the long overdue common sense that, ever so slowly, finally is
changing the course of this costly, counterproductive conflict. On
Monday, the Clark County district attorney's office dropped felony
drug charges against Mr. Silvaggio, ending a pointless prosecution
that cost the 50-year-old Las Vegas medical marijuana patient his
livelihood. It was a just decision.

As reported Monday by the Review-Journal's Francis McCabe, Mr.
Silvaggio grew marijuana plants at his home to treat psoriasis and
chronic pain from two failed shoulder surgeries. He held a valid state
medical marijuana card when his house caught fire Oct. 5, 2012,
allowing firefighters a look at his stock. Months after the blaze,
police arrested the cancer survivor, alleging he had too many plants
for his personal use. Police and prosecutors accused him of selling
the drug.

Mr. Silvaggio was charged just as the Legislature was crafting a new
state law to regulate medical marijuana. Voters amended the state
constitution more than a decade ago to allow prescription use of
marijuana, but the enabling legislation made it illegal to buy or sell
the drug, and it allowed patients to lawfully grow and possess too
little marijuana to treat many ailments. A District Court judge found
that law, which clearly defied the will of voters,
unconstitutional.

The new state law, which won bipartisan support in Carson City, allows
up to 40 dispensaries in Clark County to sell marijuana to patients
with a prescription. The first of those dispensaries won't open for
months, assuming any local governments follow through on licensing
them.

As this law and its regulations were being written, the district
attorney's office moved forward with the prosecution of Mr. Silvaggio.
He refused to accept a plea bargain that would have reduced the
charges. He demanded a trial.

Thankfully, that won't happen. Defense attorney Julie Raye credited
District Attorney Steve Wolfson and prosecutor Christopher Laurent for
hearing her concerns and deciding to dismiss the case. Ms. Raye said
Mr. Silvaggio was "a legitimate medical marijuana patient, who was
suffering from the terror of being prosecuted only for using medicine
that eased his pain. I'm glad that the government was part of the
solution and not part of the problem."

Indeed. The state is moving forward with taxed, regulated sales of
prescription marijuana. Colorado has started selling the drug to
recreational users. Local authorities had no evidence Mr. Silvaggio
was a dealer, only a determination that he couldn't possibly need all
the marijuana he was growing. The politics of marijuana are changing
rapidly, so much so that a majority of Americans now favor
legalization, according to Gallup. The days of "Refer Madness" scare
tactics are long gone. Locking up Mr. Silvaggio, who lost his massage
therapist license as a result of this case, wouldn't serve the public
interest.

Bravo to Mr. Wolfson for dropping this case. Now he must review
similar cases against medical marijuana patients and consider
dismissing them, as well, and directing scarce prosecutorial resources
toward legitimate threats to public safety. Sick people who smoke pot
are not criminals.  
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