Pubdate: Sun, 30 Apr 2006
Source: San Gabriel Valley Tribune (CA)
Copyright: 2006 San Gabriel Valley Tribune
Contact:  http://www.sgvtribune.com/
Details: http://www.mapinc.org/media/3725
Author: Ben Baeder, Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

MEDICAL MARIJUANA FIGHT LEAVES BITTER TASTE

In January, Tony Perry of La Verne stood on the steps of Pomona 
Superior Court with a big smile on his face, chatting on his cell 
phone with a friend about beating marijuana-cultivation charges.

The Los Angeles County District Attorney dropped the charges because 
Perry used his marijuana under the care of a physician to treat his 
injured hand, back injuries and asthma.

Before Perry and his wife drove away, they sat back and grinned for a 
few seconds, still in shock that the District Attorney's Office had 
given up almost without a fight.

Three months later, Perry, 32, said he is $12,500 in debt from the 
cost of his public defender and a loan he used to pay his bail. He 
never got his marijuana seeds back. Perry said they were most 
valuable to him because he cultivated them over many years to produce 
marijuana that did not make users drowsy.

He doesn't have a job. He says he is in danger of losing his car 
because he and his wife can barely afford payments. And Perry, who 
says he is a devout Christian, admits to having a lot of anger.

"I'm a patriot, you know?" he said. "I love this country. But this 
makes it very hard for me to believe in the system. I thought I was 
going to be totally vindicated, which would mean I would get my seeds back."

As it turns out, those on the front lines of the battle for legalized 
marijuana almost always lose, even if they are not convicted of a crime.

Since California voters legalized medical marijuana in 1996, almost 
no one who beat marijuana-related charges has recouped money from the 
arresting agency, according to Americans for Safe Access, a group 
leading the charge for legalized medical marijuana use.

Because the federal government still considers marijuana a banned 
substance, it is often difficult for patients in California who use 
it to win monetary awards or recover property.

The state's largest award was $15,000 this month to James Blair of 
Emeryville, according to ASA.

ASA Legal Director Kris Hermes said he looks at that win as a major 
step forward.

"We get kicked a lot along the way," he said. "But we're persevering 
a lot more than we have had to retreat."

Perry was arrested in March 2005 for growing marijuana in his 
Glendora mobile home. Police seized his plants, seeds, growing 
equipment and hunting rifles. The District Attorney dropped the case 
in January.

The Police Department returned his growing equipment and rifles, but 
not his cultivated marijuana seeds.

Perry petitioned Judge George Genesta in Pomona to force Glendora 
police to return his seeds. But on April 11 the judge turned him down.

Public Defender Kent Thomas said Genesta applied federal law.

"He just was not going to side with us, and that was that," Thomas said.

Don Duncan, a Los Angeles-based consultant who sometimes provides 
advice for area medical marijuana dispensaries, said Perry's 
experience was common in politically conservative neighborhoods. 
While some cities have made laws allowing medical marijuana 
dispensaries, others refuse to tolerate its cultivation or distribution.

About 53 percent of Glendora's voters are registered Republicans 
compared to about 29 percent registered as Democrats, according to 
the Los Angeles Registrar-Recorder /County Clerk.

City officials have said they have no plans to take up the issue of 
allowing medical marijuana dispensaries or cooperatives in town.

Duncan said medical marijuana users should take heart, however, 
pointing out that surveys show about four out of five people in the 
United States are in favor of allowing marijuana use for medical purposes.

Still, Hermes said the life of the medical marijuana user can be 
fraught with risk.

"I have got to say it's obviously not fair to the thousands of 
patients who endure this type of harassment each year," he said. 
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MAP posted-by: Richard Lake