News (Media Awareness Project) - US CA: California: Marijuana Card Ruling |
Title: | US CA: California: Marijuana Card Ruling |
Published On: | 2007-03-23 |
Source: | New York Times (NY) |
Fetched On: | 2008-01-12 10:08:49 |
CALIFORNIA: MARIJUANA CARD RULING
An appeals court ruled that California's medical marijuana law does
not automatically shield patients from searches by law enforcement.
The unanimous ruling by a three-judge panel of the State Court of
Appeal said a Napa County sheriff's deputy had probable cause to
search the vehicle of Gabriel Strasburg, who claimed to have a medical
marijuana card, in October 2005. The law limits patient possession to
eight ounces. The deputy claimed Mr. Strasburg had about 23 ounces and
a scale and was smoking in a parked car. Mr. Strasburg pleaded no
contest to misdemeanor possession but appealed, claiming an unlawful
search. In the decision, Justice James Marchiano said the amount of
marijuana found in the search left "a strong suggestion" that Mr.
Strasburg "was using the act as a facade to conceal illegal activity."
An appeals court ruled that California's medical marijuana law does
not automatically shield patients from searches by law enforcement.
The unanimous ruling by a three-judge panel of the State Court of
Appeal said a Napa County sheriff's deputy had probable cause to
search the vehicle of Gabriel Strasburg, who claimed to have a medical
marijuana card, in October 2005. The law limits patient possession to
eight ounces. The deputy claimed Mr. Strasburg had about 23 ounces and
a scale and was smoking in a parked car. Mr. Strasburg pleaded no
contest to misdemeanor possession but appealed, claiming an unlawful
search. In the decision, Justice James Marchiano said the amount of
marijuana found in the search left "a strong suggestion" that Mr.
Strasburg "was using the act as a facade to conceal illegal activity."
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