Pubdate: Thu, 17 Nov 2005 Source: Merced Sun-Star (CA) Copyright: 2005 Merced Sun-Star Contact: http://www.mercedsun-star.com/ Details: http://www.mapinc.org/media/2546 Author: Leslie Albrecht Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/find?143 (Hepatitis) CAUGHT IN POT DEBATE Hepatitis C Patient Wants His Medical Marijuana Back From Police Grant Wilson Has Hepatitis C and He's A Medical Marijuana User. He's Fighting to Get Back Some Marijuana Confiscated by Merced Police. People often assume that Grant Wilson has AIDS, but he doesn't. It's hepatitis C that has whittled his 6-foot frame to 130 pounds. "It's been eating me alive from the inside out," said the 49-year-old Wilson. In his effort to get healthy enough to take care of his three children, Wilson has been using medical marijuana. "It helps me get the munchies," said Wilson. "My doctor wants me to put some weight on my body so my immune system can fight back and my liver can regenerate." But when Merced police discovered Wilson's pot plants in September, he was arrested on a felony charge of cultivation of marijuana. After five days in jail, Wilson was released when the District Attorney's office decided not to prosecute his case. Now, Wilson wants his pot plants back. No way, says Merced Police Chief Tony Dossetti. "The United States Supreme Court is the one that sets the law for everyone in the country," Dossetti said. "Until the federal law is changed, I can't give him back his marijuana. We are citizens of the United States who happen to live in California." Medical marijuana has been legal in California since voters passed Proposition 215 in 1996. But a U.S. Supreme Court ruling earlier this year held that federal laws prohibiting the use of medical marijuana remain in effect regardless of state laws. According to State Attorney General Bill Lockyer, medical marijuana is still legal no matter what the Supreme Court says. Wilson said a judge's court order and his medical marijuana patient ID card authorize him to grow and possess marijuana. "It's not like I'm one of these guys that's trying to pull one over on somebody," said Wilson. "I'm a true patient. I got my prescription from a gastroenterologist and hematologist. "I'm not one of these guys that stubbed my toe and said 'Can I get a card?' " But Wilson has a diagnosis, not a prescription, from his doctor, according to Dossetti. And his patient ID card, issued by San Francisco's Department of Public Health, isn't valid in Merced County, Dossetti said. "He doesn't comply with state law," Dossetti said. But to Wilson, it's the police who are breaking state law. "I would like my property back," said Wilson. "It's illegal for them to do this." He's filed an appeal with the Merced County Superior Court to try to get the police department to return his marijuana. "This is a classic conflict between federal and state rights," Chief Deputy District Attorney Larry Morse said. "The state of California has approved the use of marijuana for medical reasons. But the feds still forbid the possession of marijuana. They don't recognize state statutes. That trickles down to the counties who are left to sort this out." As for Wilson, "He's caught in a whipsaw between agencies as to how it's being resolved," said Morse. Wilson has been drinking a lot of Ensure nutrition shakes to try to get his weight up. He also takes herbs like milk thistle to help his liver. Every two weeks he goes to the hospital for a blood cell count. "I'm stuck in limbo until some new medicine comes up or I start gaining weight and my body builds up my liver," said Wilson. "By locking me up and taking away my medicine, they're not helping me any." But for now, says Dossetti, police hands are tied. "We've got federal law that says we can't do it, state law says we can," said Dossetti. "If I give his marijuana back, the DEA could come and arrest me." "I struggle because I see both sides of the argument. I have compassion for these people who are sick. But we're in a position where we can't let emotion rule us. We have to do what the law says." - --- MAP posted-by: Richard Lake