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News (Media Awareness Project) - US CA: MMJ: Founder Of Recovery Center Remains Optimistic As Trial Approaches
Title:US CA: MMJ: Founder Of Recovery Center Remains Optimistic As Trial Approaches
Published On:1999-12-20
Source:Siskiyou Daily News (CA)
Fetched On:2008-09-05 08:17:51
FOUNDER OF RECOVERY CENTER REMAINS OPTIMISTIC AS TRIAL APPROACHES

KLAMATH RIVER -- As the date of his jury trial approaches, Steve
Fisher, founder of The Way Back Recovery Center, remains optimistic
about the future.

"Whatever happens I'll continue my efforts to help people," said
Fisher from his Klamath River home. The home also serves as a
residential treatment facility and is licensed as a non-profit
organization.

Fisher's dreams for the future of the center are now in jeopardy as he
faces criminal proceedings that could send him back to prison.

In the early morning hours of Aug. 4 the Siskiyou County Marijuana
Eradication Team and the Siskiyou County Sheriffs Department
surrounded and stormed the residence as Fisher and two female recovery
patients were preparing for their day.

After being handcuffed and ordered to co-operate, Fisher was informed
that because he had 17-healthy marijuana plants growing behind his
home, that he was being arrested for growing and selling marijuana;
even though the plants were posted with a copy of a written
recommendation from a physician for the use of marijuana under
California's 1996 prop 215 law.

A search of his home revealed a decorative cane sword hanging on a
wall and a few rounds of 22 ammunition in a dish. Fisher, a convicted
felon, was then additionally charged with illegal possession of the
items. He was also charged with theft by false pretenses after the
family of a former resident complained about services provided by the
center for their son after they gave Fisher money.

"Even if we beat the marijuana charge we're going to have a hard time
with the weapon and ammo charge," said Nicholas Holt, Fisher's attorney.

"I have filed two motions, one asking the court to find the search
warrant invalid therefore eliminating by suppression any evidence
seized. The other is for an outright dismissal of four of the
charges," he added.

Holt explained that as soon as the officers entered the home they
received knowledge that Fisher possessed a written recommendation for
the marijuana and that any search conducted after that knowledge was
obtained was illegal.

Holt adds in his motions that law enforcement was aware prior to the
overflight and subsequent raid of the home, that Fisher was in
possession of the recommendation and was in fact open about it having
discussed it with Sheriff Charlie Byrd just days before.

According to Byrd, Fisher was not singled out. "He was arrested
because he had too many plants," said Byrd.

According to Sgt. Guy Ives who heads the Marijuana Eradication Team,
the sheriffs department and the district attorneys office got together
and discussed what they thought would be considered an appropriate
number of plants for someone to grow under the law.

"We came up with four plants per person," said Ives. "We agreed that
anything more than that is just too much to be used for one person."

"Nowhere in the language of 215 does it say how many plants you can
have," said Holt. "He was within the law and I think they are being
unfair to him."

Fisher, who has been to prison twice, makes no amends for his past. He
does defend his future though as he continues attending College of the
Siskiyous in an effort to become a councilor, even if he does use a
substance that is still considered illegal under federal law.

"I was messed up on alcohol and drugs," he said. "I did a lot of
stupid things but it was all because of my addictions and the
inability to find help for those addictions within this community."

He emphatically adds that he eventually did find help after he found
the Lord Jesus Christ. For the past six years Fisher has remained free
of alcohol and methamphetamine. He admits to growing and using
marijuana with a written recommendation from his doctor but defends
his use as being pharmaceutical.

After fighting back from a motorcycle accident that almost took his
life several years ago, Fisher states the marijuana allows him to
control his moods and concentration. He was in a coma for 29-days and
suffered severe head injuries.

"Its like any other drug prescribed by a doctor," said Fisher. "Why
should I be arrested for it when I was within the law passed by the
voters of this state."

Fisher added that he does not promote the use of marijuana to anyone
who wants to stay at his center to recover from alcohol although he
would support their usage if it was their choice as he believes that
marijuana is a good alternative to alcoholism.

"If they want to use it they better have a written recommendation and
they better bring their own," said Fisher.

Fisher added that until this whole thing is over he will continue to
pursue his dream and seek higher education having already completed
many of the necessary courses for counseling accreditation.

Recently admitted into the honor society Phi Theta Kappa, Fisher
proudly carries a constant B+ average and says he's going nowhere but
forward.

"I've beaten worst things than this," said Fisher. "They would like it
if no one succeeded in recovery and they sure don't want to see
marijuana legalized because that would put them out of a job."
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