Pubdate: Wed, 15 Mar 2000
Source:  The Trinity Journal
Copyright: 2000 The Trinity Journal
Contact:  530 623-2065
Address: P.O. Box 340, 218 Main St., Weaverville, CA 96093
Author:  Russell Amos

POT SMOKER CRITICIZES THE COUNTY'S GUIDELINES

Letter to the Editor:

This is in response to the article in the last issue of the The Trinity 
Journal.  I would just like to ask the sheriff's office and the district 
attorney's office what part of the law do they not understand?

Judge Edwards stated in court very clearly that the court cannot oversee a 
doctor's recommendation! Under the law, 11362.5 1-B, patients and their 
primary care givers who obtain and use marijuana for medical purposes, upon 
the recommendation of a physician, are not subject to criminal prosecution 
or sanction.

Judge Edwards also stated, as there are no state guidelines on the amount 
of plants a patient may possess, the county cannot amend state law 11362.5. 
It is state law, and amending the law to your own personal belief is a 
violation of the Constitution of the U.S. and you are in direct violation 
of several state laws, other than 11362.5. This leaves you open to criminal 
prosecution under both state and federal law for civil law violation.

I know hundreds of cannabis users, both medicinal and recreational, and 
none of these people would be able to make it on one and a third pounds of 
pot last a year.  This idea of one and third pounds per year is totally 
ridiculous.

If you will read the constitution of the U.S., you will find out that 
federal law cannot supersede state law.  Why were we even allowed to put 
Proposition 215 on the ballot if it could?

The federal guidelines for marijuana patients are 7.2 pounds per year; why 
should it be any different for state guidelines? Why not just follow the 
guidelines the federal government has already established through their own 
medical marijuana project?

If Sheriff Schmidt thinks that, like Jim Pope, he can turn my medical 
marijuana over to the federal agents, it will open him up to criminal 
prosecution.

As in the past two years, I will again be growing 12 medical marijuana 
plants, two males and ten females, for personal use in my backyard. If this 
is a problem for either the sheriff's office or the district attorney's 
office, please contact me, or I guess we will see each other in court again 
this year.

Russell Amos
Burnt Ranch
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