Source: San Jose Mercury News (CA)
Contact:  http://www.sjmercury.com/
Pubdate: Sat, 4 Apr 1998

MEDICAL POT ACTIVIST RETURNED TO JAIL AFTER FAILING DRUG TESTS

Los Angeles (AP) - Medicinal marijuana activist Todd McCormick was ordered
back to jail Friday for violating bail by failing drug tests three times
this month.

"Your honor, putting me in jail will serve no one," McCormick said through
tears to U.S. Magistrate Judge James McMahon. "There is not justice in
this.  I didn't use any illegal substances.  I am not using marijuana."

Judge Unmoved

The judge appeared unmoved by McCormick's sobs, and even refused to allow
McCormick to take his "special pillow" with him when marshals took him into
custody.

"I can't believe this," McCormick said, burying his face in his hands as
his attorney put his arms around him.

McCormick said the pillow, like marijuana, helps ease the pain of a rare
cancer he has suffered since childhood.

His attorney told reporters outside the federal courthouse that the tests
were inaccurate and unfair.

"It's absolutely arbitrary and there's no basis to take a man's freedom
away from him based on a piece of paper that has conclusions which are
unfounded," said Eric Shevin, McCormick's attorney.

Bail Hearing Set

McMahon set an April 22 bail hearing where it will be decided whether
McCormick will be locked up until trial and his bail revoked.

McCormick, 27, was awaiting trial for growing marijuana.  He pleaded not
guilty Nov. 10 and was free on $500,000 bail posted by actor and fellow
marijuana activist Woody Harrelson.

Four other people were arrested July 29 when Los Angeles County sheriff's
investigators raided a Bel-Air mansion and found 4,116 marijuana plants
growing throughout the home and on a deck.

McCormick was ordered not to use marijuana as a bail condition and has been
subjected to random drug tests.

Emergency Appeal

Shevin filed an emergency appeal asking U.S. District Judge George King,
who will preside over McCormick's trial, to overturn McMahon's decision.

On March 16 a federal magistrate denied his request to smoke marijuana for
medicinal purposes while awaiting trial.

McCormick maintains that he hasn't done anything illegal under Proposition
215, passed by California voters in November 1996, since he was using
marijuana for medical purposes.

The law allows people to cultivate, use and possess marijuana on a doctor's
recommendation for a medical condition.  Federal courts have not recognized
the state law.