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News (Media Awareness Project) - US CA: Judge Skillman: It's Marijuana Not Medicine.
Title:US CA: Judge Skillman: It's Marijuana Not Medicine.
Published On:1998-03-20
Source:The Mountain Messenger
Fetched On:2008-09-07 13:36:14
JUDGE SKILLMAN: IT'S MARIJUANA NOT MEDICINE.

"It is judges and prosecutors like this that are abusing the law. The judge
clearly said the law doesn't apply and then slandered Dr. Mikuriya, one of
the foremost research scientists in the country."

Judge Bill Skillman had just sentenced Frank Kortangian to 16 months in
prison, with most of it suspended for growing marijuana.

The speaker was Steve Kubby, Libertarian Party candidate for Governor who
attended the sentencing as a potential expert witness.

"The law is very simply written. The law doesn't say judges may practice
medicine; it says if you have a letter from a doctor recommending or
approving the use of marijuana for a medical condition, it is legal to use
it."

Kortangian pleaded no contest to growing seven marijuana plants near the
Plumas/Sierra County line. Refusing to weigh the actual plants, District
Attorney Sue Jackson relied on a police "expert" and concluded the plants
would have yielded seven pounds.

Other witnesses, more familiar with marijuana cultivation and use of
marijuana, believe four ounces of smokable marijuana were harvested.

"I remember that one," scoffed one local peace Officer. "That's one where
there were more cops than plants."

At the time Kortangian was growing the weed, state medical doctors were
under a threat by the federal government to pull the license of any
actually prescribing marijuana. When a federal court lifted that ban,
Kortangian obtained a letter from a doctor approving the use.

Judge Skillman refused to believe the plants were for medicinal purposes.

"As a finder of fact in this case, I don't believe he was growing for
medical purposes. The (medical marijuana) law was not written to cover
these facts," Skillman said.

Skillman went on to describe the manner of examination he believed a
physician must give before being justified in prescribing marijuana.

"I have heard that Dr. Mikuriya has been fairly liberal in passing out
these letters," Skillman said.

"I believe there will be some question about the man's license," agreed
D.A. Jackson.

When the dust settled, Kortangian, a 61 year old disabled veteran of the
Korean War with an otherwise spotless record, found himself a felon for
growing a plant the people of California have decided has beneficial
medicinal qualities.

He will pay a fine of over $800, spend between 30 and 75 days as a guest in
the county jug, spend 30 days with a monitoring bracelet under house
arrest, and remain under formal probation for three years.

"I'll guarantee you one thing," Kubby said. "one of my first acts as
Governor will be to pardon Frank Kortangian."
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