Pubdate: Mon, 20 Feb 2006
Source: Herald-Palladium, The (St. Joseph, MI)
Page: front page, above the fold
Copyright: 2006 The Herald-Palladium
Contact:  http://www.heraldpalladium.com/
Details: http://www.mapinc.org/media/1378
Author: Pam Gehl, H-P Correspondent
Photo: from the newspaper http://www.mapinc.org/images/francisco.jpg
Cited: Michigan NORML http://www.minorml.org
Cited: Educators for Sensible Drug Policies http://www.efsdp.org
Bookmark: http://www.mapinc.org/people/Greg+Francisco

Van Buren District Court

MARIJUANA DEFENDANT CLAIMS HE WAS TARGETED

Ex-Bloomingdale School Counselor Has Called for Legalizing Drugs

SOUTH HAVEN - A former Bloomingdale elementary and middle school 
counselor claims he has been targeted unfairly for prosecution on a 
marijuana charge because he has been a vocal advocate of legalizing drugs.

"This is very much about my standing up against an unreasonable 
search and standing up against harassment," said Greg Francisco.

Francisco, 48, of Michigan 43, Paw Paw, will face a jury trial within 
the next several months on a misdemeanor charge of possession of 
marijuana on May 5 in Bloomingdale.

Francisco claims his truck was illegally targeted when a dog trained 
to sniff out controlled substances was brought to the middle school 
parking lot for a routine search. The search found a stem and some 
"roach" material in the truck that tested positive for marijuana.

After a hearing on Wednesday in South Haven, Van Buren District Court 
Judge Arthur Clarke III ordered that a trial date be scheduled within 
60 to 75 days.

During the hearing, Francisco's lawyer, Matthew Abel of Detroit, 
argued unsuccessfully that the charges should be dismissed because 
there was no probable cause for the search and because the federal 
categorization of marijuana as illegal is unconstitutional because it 
has a medicinal purpose in relieving pain.

He also argued that causing Francisco to have a criminal record under 
the circumstances was cruel and unusual punishment.

Clarke did grant Abel's motion to allow a private expert to analyze 
the drug evidence. He also ordered the prosecutor to turnover copies 
of all pertinent lab and police reports. That information is expected 
to include videotape of the search at the school parking lot.

Francisco said he was charged because of his "high profile" effort to 
legalize drugs.

"I write lots and lots of letters to the editor and I send them all 
over the United States and Canada and Europe on the efficacy of the 
war on drugs. It is not that I advocate using drugs, it is just that 
what we are doing is just making the problem worse. I use the analogy 
that we abandoned Prohibition in this country not because we realized 
that alcohol was not dangerous but because our grandparents came to 
learn that by criminalizing it we were just driving it underground." 
Assistant Prosecutor Cory Johnson said Francisco has not been 
targeted and that prosecution in the case is a routine matter.

"Until the case was brought to my attention I had never heard of Mr. 
Francisco," Johnson said.

Francisco said he was active in organizations that advocated 
legalizing drugs. He is a former board member and treasurer of 
Michigan NORML (National Organization for the Reform of Marijuana 
Laws) and was a founding board member of Educators for Sensible Drug Policies.

He said the school district received complaints about his political 
activities, and he resigned from his position on the state NORML 
board in January 2005.

Francisco said he has cooperated in the past and allowed searches 
when detection dogs had alerted on his vehicle, but decided to refuse 
a search in May based on principle. Francisco said dogs from private 
companies were unreliable and not a legal reason for a probable cause search.

He also noted that on the same day the dog alerted on five other 
teacher vehicles and nothing was found in those vehicles.

A law enforcement dog was brought in after a private detection dog 
singled out the truck. The police dog also alerted on the truck.

Francisco said he was forced to resign from his counselor job after the search.

Bloomingdale Public Schools Superintendent Dale Schreuder said 
Francisco resigned last May, but the resignation was voluntary. He 
said Francisco was with the district for five years.

Francisco said if he were convicted he would permanently lose his 
credentials to work with students.

"This will take his livelihood, and all because of a stem the size of 
a toothpick on the floor of his truck," said Francisco's wife, Amy.

The case has attracted advocates for drug law reform from across the state.

"This is a free speech case," said Charles Ream, a trustee in Scio 
Township near Ann Arbor and member of Michigan NORML, who attended 
the hearing. "It has nothing to do with drugs."