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8B – Daily News – Monday, March 29, 2010 Many felony pot cases getting tossed out of court SAN FRANCISCO (AP) — Police in a north- ern California town thought they had a couple dead to rights when they seized more than two pounds of marijuana from their home, even though doctors authorized the pair to use pot for med- ical purposes. San Francisco police believed they had a simi- lar open-and-shut case with a father and son team they suspected of abusing the state’s med- ical marijuana law by allegedly operating an illegal trafficking opera- tion. But both cases were tossed out along with many other marijuana possession cases in recent weeks because of a Cali- fornia Supreme Court rul- ing that has police, prose- cutors and defense attor- neys scrambling to make sense of a gray legal area: What is the maximum amount of cannabis a medical marijuana patient can possess? No one can say for sure how many dis- missals and acquittals have been prompted by the ruling, but the num- bers are stacking up since the Supreme Court on Jan. 21 tossed out Patrick Kelly’s marijuana posses- sion conviction. The high court struck down a 7-year-old state law that imposed an 8- ounce limit on the amount of pot medical users of marijuana could possess. The court said patients are entitled to a ‘‘reasonable’’ amount of the drug to treat their ail- ments. Law enforcement offi- cials say the ruling has made the murky legal landscape of marijuana policy in California even more challenging to enforce. Since California voters legalized medical mari- juana in 1996, there has been tension between local law enforcement officials and federal authorities, who view marijuana as absolutely illegal. That tension is expect- ed to become even more pronounced if the state’s voters approve a Novem- ber ballot measure legal- izing possession of small amounts of marijuana. ‘‘The way the law is now it puts law enforce- ment between a rock and a hard place,’’ said Martin J. Mayer, a lawyer who represents California State Sheriff’s Associa- tion, California Police Chief’s Association and California Peace Offi- cers’ Association. ‘‘The measure, if it passes, will make it even more diffi- cult. They just don’t like being in the middle.’’ Prosecutors are back- ing away from some cases filed before the court ruling. ‘‘Gray is not a good color for the law,’’ said Shasta County District Attorney Gerald Benito, who dismissed a case ear- lier this month and is con- sidering dropping several more because of the rul- ing. ‘‘It makes it very dif- ficult for us to enforce the law — I think everyone is crying out for a clear line.’’ Benito cited the Supreme Court ruling in dropping charges on March 5 against James Bradley Hall, who was arrested in October and charged with growing 40 marijuana plants. The next week, a San Francisco jury acquitted a father and son charged with growing three dozen plants. The lawyers for Thomas Chang, 62, and his son, Errol Chang, 30, based their defense on the Barber Shop $ Cheers 600 Watch for the Easter Services page in the Daily News 2 col x 2” boxes only $49 each Runs Wednesday, March 31 Deadline: Monday, March 29 To place an ad please call Sue Hubbard at 530-527-2151 ext 122 Senior Cuts Open 6 days 9-6 570-2304 259 S. Main St. Tractor Supply Center Now Enrolling Children Recently expanded and moved near Bidwell Elementary License # 525405817 (530) 209-8743 My qualifications include: B.A. in Elementary Education and experience teaching grades K-8. Accepting state pay programs & cash pay, etc. Kelly case, arguing that the men needed that much pot to treat their medical conditions. In Vacaville, located between San Francisco and Sacramento, prosecutors in February dropped their two-year pursuit of Johan- na and Joe Azevedo, a hus- band and wife charged with possessing about two pounds of marijuana. Both sides agreed to put the Azevedo case on hold until the Supreme Court decided the Kelly case. ‘‘Fighting this pretty well drained what little money we had,’’ Johanna Azevedo said of her legal fight with Solano County prosecutors. ‘‘But it was a very happy day when the Kelly case was announced.’’ Still, not all defense attorneys and marijuana advocates are as content ●●●●●●●●●●●●●●●●●●● with the ruling as the Azevedos and others who had their criminal cases dropped. Some argue that clear- cut limits actually would shield medical marijuana patients from law enforcement officials who have a strict inter- pretation of what consti- tutes a ‘‘reasonable’’ amount. ‘‘I wish there was a bright line,’’ said Bruce Margolin, one of the nation’s most renowned marijuana defense attor- neys. ‘‘It’s the only pro- tection against arrest.’’ A closely-watched Sacramento case was expected to help clarify what a reasonable amount of medical marijuana is. But it further muddied the question. The jury acquitted Matthew Zugsberger of a Deep tissue massage therapy specializing in chronic pain & injury relief. your giddy-up? Been pushin cattle, Working horses? Got a hitch in A Better Path Located between Red Bluff & Corning Sally Eisinger, CMT 824-6860 felony possession charge but convicted him of a felony charge of marijua- na transportation for try- ing to take three pounds of marijuana from the Sacramento airport to New Orleans in 2008. The jury, which deliberat- ed for more than three days, also convicted Zugsberger of a misde- meanor possession charge. In the end, noth- ing was solved. ‘‘The jury was absolutely confused,’’ said his attorney Grant Pegg. ‘‘What is reason- able is an absolutely gray area.’’ Despite the confusion, there does not appear to be a political push to develop guidelines, which the Supreme Court said must be done by vot- ers. Law enforcement lob- bying arms, such as the California District Attor- ney Association, steer clear of most medical marijuana issues because of the wide variety of views of the law. ‘‘It is different than a lot of areas in criminal law where there is a con- sensus,’’ said W. Scott Thorpe, chief executive of the district attorney’s association. ‘‘There are varying approaches from county to county in the way law enforcement is dealing with medical marijuana laws.’’ Jack the Ribber • Ribs •Tri-Tip • Pulled Pork • Specials Mon.-Fri. 11am-8pm Sat. 5-9pm 1150 Monroe St. 527-6108 China Buffet CHINESE RESTAURANT 10% OFF TOTAL BILL with coupon Expires 4-30-10 COUPON Open 7 Days A Week LUNCH Buffet Adult: $6.99 Mon-Sat. 10:30am-3:30pm DINNER Buffet Adult: $9.99 Mon-Thurs 3:30am-9:30pm Fri-Sat 3:30-10:30pm Carry-Out Buffet Lunch $3.50 / Lb. • Dinner $4.50 / Lb. All Seafood $6.50 / Lb. SUNDAY $ Buffet 10.99 All Day DRINKS with coupon FREE Expires 4-30-10 COUPON 343 S. 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