News (Media Awareness Project) - US AL: Pot Legalization Advocate Convicted On Drug Charge |
Title: | US AL: Pot Legalization Advocate Convicted On Drug Charge |
Published On: | 2004-02-12 |
Source: | Birmingham News, The (AL) |
Fetched On: | 2008-08-23 12:40:05 |
POT LEGALIZATION ADVOCATE CONVICTED ON DRUG CHARGE
After a 15-month legal battle, authorities in Alexander City on Tuesday
convicted a marijuana legalization activist for possession of less than a
gram of the drug and some paraphernalia.
Loretta Nall, who founded the U.S. Marijuana Party in 2002, was given a
30-day suspended sentence for the misdemeanors, and ordered to pay several
hundred dollars in fines. She immediately filed a notice to appeal.
Nall and her attorney argued that the Tallapoosa County Narcotics Task
Force illegally obtained the search warrant that resulted in her arrest.
Members of the drug squad raided her mobile home Nov. 13, 2002, based on
statements her kindergarten daughter made in school about plants. Officers
also used as evidence for the search warrant a letter to the editor
published in The Birmingham News. Signed by Nall, the Nov. 7, 2002, letter
calls for marijuana users to come out of the closet and change laws against it.
Tallapoosa County District Judge Kim Taylor, who signed the search warrant
and presided over Tuesday's trial, refused to throw out the warrant and
found Nall guilty.
Efforts Wednesday to reach Taylor failed.
Nall, who maintains her innocence, said it was wrong for police to target
her because she speaks out on an issue.
"I have every right to say that the drug laws in this state are unjust,"
Nall said in an interview Wednesday. "American laws are based on vigorous
and public debate, and the Tallapoosa County Narcotics Task Force has taken
it upon themselves to decide what the citizens of Alabama can and cannot
write on the editorial page."
Efforts Wednesday to reach members of the task force were unsuccessful.
Damon Lewis, the assistant district attorney who prosecuted the case, said
it would be improper for him to comment with an appeal pending.
The drug paraphernalia for which Nall was convicted included cigarette
rolling papers and a scale. Police confiscated from her home a plastic bag
of "plant material," which tested negative for drugs. Nall's husband is a
horticulturist and grew the catnip in the bag. Police also confiscated some
burned cigarette papers containing "plant material" which tested positive
for controlled substances. The total amount of marijuana weighed .87 grams,
according to a report from the Alabama Department of Forensic Sciences.
Nall, who speaks at marijuana legalization rallies across the United States
and in Canada, said she expected the conviction because she is so vocal,
and will continue to fight for changes in drug laws.
"How many thousands of people are in jail in this state because of justice
like this?" she asked.
Her daughter, who is now 6, remains a student at Horseshoe Bend school,
where testimony from former school resource officer Eric McCain helped
convict Nall.
The girl was working on a project that required her to bring leaves to
school. The officer said the child told her teacher that some of the leaves
at her house were illegal, according to the search warrant affidavit.
Horseshoe Bend Principal Roger Swann said he was not aware of any other
parents being convicted based on their children's conversations with school
cops. He said he thought the officer acted appropriately.
"If he happens to get information that could possibly involve any type of
illegal activity, it's his duty to act on that," Swann said.
After a 15-month legal battle, authorities in Alexander City on Tuesday
convicted a marijuana legalization activist for possession of less than a
gram of the drug and some paraphernalia.
Loretta Nall, who founded the U.S. Marijuana Party in 2002, was given a
30-day suspended sentence for the misdemeanors, and ordered to pay several
hundred dollars in fines. She immediately filed a notice to appeal.
Nall and her attorney argued that the Tallapoosa County Narcotics Task
Force illegally obtained the search warrant that resulted in her arrest.
Members of the drug squad raided her mobile home Nov. 13, 2002, based on
statements her kindergarten daughter made in school about plants. Officers
also used as evidence for the search warrant a letter to the editor
published in The Birmingham News. Signed by Nall, the Nov. 7, 2002, letter
calls for marijuana users to come out of the closet and change laws against it.
Tallapoosa County District Judge Kim Taylor, who signed the search warrant
and presided over Tuesday's trial, refused to throw out the warrant and
found Nall guilty.
Efforts Wednesday to reach Taylor failed.
Nall, who maintains her innocence, said it was wrong for police to target
her because she speaks out on an issue.
"I have every right to say that the drug laws in this state are unjust,"
Nall said in an interview Wednesday. "American laws are based on vigorous
and public debate, and the Tallapoosa County Narcotics Task Force has taken
it upon themselves to decide what the citizens of Alabama can and cannot
write on the editorial page."
Efforts Wednesday to reach members of the task force were unsuccessful.
Damon Lewis, the assistant district attorney who prosecuted the case, said
it would be improper for him to comment with an appeal pending.
The drug paraphernalia for which Nall was convicted included cigarette
rolling papers and a scale. Police confiscated from her home a plastic bag
of "plant material," which tested negative for drugs. Nall's husband is a
horticulturist and grew the catnip in the bag. Police also confiscated some
burned cigarette papers containing "plant material" which tested positive
for controlled substances. The total amount of marijuana weighed .87 grams,
according to a report from the Alabama Department of Forensic Sciences.
Nall, who speaks at marijuana legalization rallies across the United States
and in Canada, said she expected the conviction because she is so vocal,
and will continue to fight for changes in drug laws.
"How many thousands of people are in jail in this state because of justice
like this?" she asked.
Her daughter, who is now 6, remains a student at Horseshoe Bend school,
where testimony from former school resource officer Eric McCain helped
convict Nall.
The girl was working on a project that required her to bring leaves to
school. The officer said the child told her teacher that some of the leaves
at her house were illegal, according to the search warrant affidavit.
Horseshoe Bend Principal Roger Swann said he was not aware of any other
parents being convicted based on their children's conversations with school
cops. He said he thought the officer acted appropriately.
"If he happens to get information that could possibly involve any type of
illegal activity, it's his duty to act on that," Swann said.
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