Pubdate: Thu, 26 Dec 2013
Source: Sacramento News & Review (CA)
Copyright: 2013 Chico Community Publishing, Inc.
Contact:  http://newsreview.com/sacto/
Details: http://www.mapinc.org/media/540
Author: Ngaio Bealum

DON'T GO DIRECTLY TO JAIL

Do people still go to jail for weed?

- -Nate

Yep. Constantly. All the time. You can even go to jail for weed when
you don't have any weed.

William David Bush of Sebastopol, Calif., was sentenced to four years
in jail for allegedly selling marijuana in October. He was originally
pulled over for speeding, and it turned out he was driving on a
suspended license. The cops searched his car because they said it
smelled like pot, and they found $47,000 in cash and written details
of transactions.

No one should go to jail for weed. That being said, weed is still
illegal in California, and Bush broke one of the basic rules of being
an outlaw: Only break one law at a time. If you have $47,000 in cash
and a written record of transactions, don't speed while your license
is suspended.

In Butte County, Daisy Bram was convicted last year on misdemeanor
child endangerment and felony marijuana cultivation and sales. Bram
says the judge denied her medical-marijuana defense. When I wrote
about this case last December (see "Custody and pot"; SN&R The 420;
December 20, 2012), I received an email from Jeff Greeson, the
prosecuting attorney. This is what he said:

"The criminal child abuse charges against Ms. Bram were based on an
unsafe home due to broken Pyrex dishes and razor blades coated with
hash extracted with alcohol, syringes with Xanax residue available to
the older child, a 'Twister' high-volume bud trimmer located in an
area accessible by the older child, marijuana bud located in multiple
locations where the older child could reach, generator cables running
through water puddles in the back yard near piles of toys, and text
messages on Jayme Walsh's [Bram's husband] phone arranging marijuana
sales with people in Pennsylvania."

Greeson also elaborated on standard legal and social-services
practices: "Law enforcement in Butte County logs hundreds of contacts
with medical marijuana users per month. The vast majority of those
contacts result in no law enforcement or social services action
whatsoever. Most of the people in this county that participate in
activity sanctioned by Proposition 215 have a good relationship with
law enforcement," Greeson wrote. "As long as the marijuana is
unavailable to children, is possessed in quantities consistent with
personal use, and there is no evidence of sales to other people (this
includes dispensaries in other counties,) local law enforcement has no
interest in their marijuana use."

I don't know why he cares if patients in one county want to be
reimbursed for giving weed to patients in other counties (Proposition
215 allows patients to be reimbursed for giving other patients
marijuana), but his other points are well-taken. If you have children
around your grow, keep the area clean, neat and safe. I know some
people don't think children should be anywhere near a pot plant, but I
also know that marijuana is often a family business, like growing wine
grapes. We need to change the laws, so that no one ever has to go to
jail for pot.  
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MAP posted-by: Jo-D