Pubdate: Wed, 28 May 2014
Source: Minneapolis Star-Tribune (MN)
Copyright: 2014 Star Tribune
Contact: http://www.startribunecompany.com/143
Website: http://www.startribune.com
Details: http://www.mapinc.org/media/266
Author: David Chanen
Page: B1

RIGHT TO MEDICAL MARIJUANA ENDS AT BORDER, COURT SAYS

Appeals Court Rules California Card for Pot Irrelevant in
Minnesota.

A card that permits a person to use medical marijuana in another state
can't make drug charges in Minnesota go up in smoke, the state Court
of Appeals ruled Tuesday.

In December 2011, Jeffrey Thiel was stopped by a state trooper in
Itasca County for speeding. After the trooper smelled marijuana, two
Mason jars containing the drug were found in his vehicle. Thiel was
charged with fifth-degree possession of a controlled substance.

Before his trial in Itasca County District Court, Thiel tried to have
the drug evidence suppressed on the grounds that the search was
unreasonable and unconstitutional.

Thiel, now 31, also argued that he had a right to introduce as
evidence his medical marijuana card from California, which permitted
him to possess and use the drug for a medical purpose. That card
allowed him to grow 99 plants and to possess 19 pounds of processed
marijuana yearly to control chronic pain from injuries and surgeries.

But the prosecution argued that the card was irrelevant and would
confuse the jury.

The District Court ruled the card irrelevant and inadmissible. Thiel
was found guilty, and court records show he has spent six months in
jail in connection to the case.

The Court of Appeals pointed out that Minnesota didn't allow marijuana
for medical use at the time of Thiel's arrest and ruled that Minnesota
need not incorporate California's decision to permit medical use. A
defense based on medical necessity isn't available in Minnesota for a
defendant charged with a controlled substance crime, the court said.

"Although [Thiel's] testimony may have helped explain his conduct to a
jury, it would have not excused his conduct, and also would have
served to confuse and mislead the jury," the court wrote.

No link to new law

As the case played out, the Legislature passed a law this year
allowing limited medical use of marijuana. The law, which Gov. Mark
Dayton plans to sign this week, allows access to the drug for about
5,000 Minnesotans with conditions that include cancer, epilepsy and
HIV/AIDS.

With a health care provider's permission, those patients will enroll
in a patient registry that will allow the state Department of Health
to monitor their progress. The drug will be available only in pill or
oil forms, with smoking not allowed and access to the drug in its
plant form forbidden.

Thiel, whose most current driver's license lists the north metro city
of St. Francis as his address, has several convictions in Minnesota,
including minor drug and driving offenses. No information was
available Tuesday on when he lived in California and under what
circumstances he obtained the card.

Pot hidden in vehicle

Thiel denied that he had any drugs in his vehicle and passed a field
sobriety test. After running a driver's license check, the trooper
learned that Thiel had been stopped several months earlier and that
the officer involved in that stop had also noticed a strong smell of
marijuana.

The trooper called for a canine sniffing team. Two jars with marijuana
were found under the hood and in the door seam on the driver's side.

The Appeals Court ruled that the search was reasonable, and that law
enforcement acted diligently and reasonably in investigating the
situation and conducting the search. It also said that the District
Court didn't abuse its discretion by excluding Thiel's testimony about
his California card.
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MAP posted-by: Matt