MAKE ARRESTEE PROVE NOTE'S VALIDITY IN COURT

I am writing in regard to the March 2 article titled "Drug charges
against cancer patient dropped." Now I understand that Mr. Peterson
has cancer and is terminally ill, and my sympathies go out to him.

But, there are a few things about this case and article that are
bothersome. First off, marijuana is illegal and although not the most
dangerous drug in the world, it's still illegal. I don't have
sympathy for anyone who is arrested for having marijuana on their
person while traveling as a passenger or driver in a car in the
middle of the night, as was the case with Peterson.

Plus, when I'm ill, I don't carry my Nyquil or Dayquil or whatever
medication I'm on around with me everywhere I go. Now, that's not to
equate cancer with the common cold or the flu, but if marijuana is
used for medicinal purposes, shouldn't it be kept at home in the
medicine cabinet and not in a plastic baggie in your pocket?

I agree with the officers' decision to make the arrest, despite the
doctor's note. Police officers are lied to constantly, and I would
expect any officer to question the validity of such a note,
considering the fact that there is no regulation in regard to notes
from doctors permitting a patient to have marijuana in his
possession, especially while traveling in a vehicle late at night.

If the note truly is valid, let the arrestee prove it in court. But
until there is a standard as far as notes from doctors, and the laws
are amended to permit such a thing, then the law stands and Peterson
should not think he can travel with baggies of marijuana as he wishes.

Given the same situation, I would have arrested him, too, even after
hearing the outcome of this case.

I also was annoyed at the comments made by defense attorney Kathleen
Colton regarding her desire to pursue the case if it had not been
dropped. Her comment, "There is a difference between smelling
marijuana on a person and smelling burning marijuana in a car," is
absolutely ludicrous.

How would she know that? Does she smoke pot in her car? The intensity
of the marijuana smell detected during the course of a traffic stop
is irrelevant. The officer smelled marijuana and furthered his
inquiry regarding the possibility of added law violations other than
the cracked windshield. If someone smells like marijuana and it is
determined that they did not have marijuana on their person at the
time, they cannot be arrested for smelling like marijuana.

However, the possibility of that person possessing marijuana is
significantly increased as opposed to a person who does not smell
like pot, and an officer should investigate. The facts of this case
are clear: The officer smelled pot, regardless of how strong or
faint, and upon his inquiry found a baggie of marijuana.

I want to reiterate the fact that there is no law allowing anyone to
carry marijuana despite a doctor's note. Who knows, maybe this case
will result in police officers being confronted with more doctors'
notes while encountering subjects who are in possession of narcotics.

I think the majority of the outcomes of those encounters will result
in arrests, and it will be up to those people to prove, in court,
their medical dilemma, many of whom will use this case as precedent.

I hope the Kane County state's attorney's office is ready.

Eric Andrews

West Chicago