A young man who pleaded no contest to a charge of illegal gun possession was given probation and ordered not to use medical marijuana despite his having a recommendation and a mmj id card.
This unprecedented 2-1 decision by the First District Court of Appeal is the first time a court has ordered a defendant to refrain from taking legal medicine, which was completely unrelated to the crime he was charged with.
Once again, the court has made the presumption that marijuana is bad for people and also assumed that this individual would be worse off or be more likely to commit more crimes just because he uses medical marijuana.
This could be a big setback for medical marijuana, but more than likely this decision will be reversed. The one dissenting judge was quite shocked by this decision and doesn't think it can hold up. His scathing dissent will probably help if any court attempts to use this decision as a precedent in other cases...
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/29/BAAK1BATDT.DTL
Don't want to be told you can't use Medical Marijuana even with a doc's rec? Then LEGALIZE IT!
This unprecedented 2-1 decision by the First District Court of Appeal is the first time a court has ordered a defendant to refrain from taking legal medicine, which was completely unrelated to the crime he was charged with.
Once again, the court has made the presumption that marijuana is bad for people and also assumed that this individual would be worse off or be more likely to commit more crimes just because he uses medical marijuana.
This could be a big setback for medical marijuana, but more than likely this decision will be reversed. The one dissenting judge was quite shocked by this decision and doesn't think it can hold up. His scathing dissent will probably help if any court attempts to use this decision as a precedent in other cases...
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/29/BAAK1BATDT.DTL
Don't want to be told you can't use Medical Marijuana even with a doc's rec? Then LEGALIZE IT!
