It’s been nearly two weeks since Seattle Police raided the Lifevine offices in the University District. The return of the medical records for several hundred patients resolved the most egregious error made that day, but the police continue to hold onto 12 ounces of medicine which was also confiscated. The medicine belongs to Martin Martinez, a registered medical marijuana patient. The police recognize that Martinez is a registered patient, was allowed to be in possession of the marijuana, but for unclear reasons, they are refusing to give it back.
(Just to provide some perspective, I have no idea who provides medicine for Martin, but if he were forced to replace what was taken through the black market, it would cost him a couple thousand dollars)
I briefly spoke with Leo Poort, an attorney working for the Seattle Police Department, who was vague about why the police were doing what they were doing and referred me to Martinez’s attorney, Douglas Hiatt. At the Cascadia NORML website, the following explanation of the relevant law is provided:
There is no justification for police to seize medical marijuana from a legal marijuana patient. WA State law is very specific on that point. RCW; 69.51A 040 reads: “If a law enforcement officer determines that marijuana is being possessed lawfully under the medical marijuana law, the officer may document the amount of marijuana, take a representative sample that is large enough to test, but not seize the marijuana”.
Police authorities have misconstrued that sentence to mean that officers may or may not confiscate the medicine at their discretion, but as any student of the English language can plainly see, that interpretation is completely incorrect. The word “may” in that sentence clearly applies to the last section of that sentence, not the entire subject of the sentence. We believe an educated jury will agree that WA statute 69.51A 040 means: “officers may take samples of the medicine, but they may not seize the marijuana when they have determined that marijuana is possessed legally by a patient.”
Seattle Police continue to stonewall Lifevine Attorney Douglas Hiatt who has made several verbal requests for the return of the 12 ounces seized on July 15, 2008.
On Saturday, I was at a BBQ with some friends. I’m at that age where a lot of my friends have young kids, and one of the older kids (around 5 years old) was playing with his toy phaser. The adults were playing along, pretending to get shot and falling down. Eventually, a slightly older boy saw the fun, wanted the phaser for himself, and just took it right out of his hands. His mother had to explain to him that you can’t just take something from someone for no reason. This is a lesson I expect to see being taught to kindergarten-age kids. The adults in the Seattle Police Department who we trust to serve and protect us shouldn’t need it too.
(Just to provide some perspective, I have no idea who provides medicine for Martin, but if he were forced to replace what was taken through the black market, it would cost him a couple thousand dollars)
If he is licensed, why not buy legal stuff?
Also, under the existing law, is it legal to sell marijuana you grow downstairs to registered users?
BTW, this subject is covered in an interesting post here.
Here’s a poll you won’t see the wingnuts bring up:
But how come he’s not leading by more? And did I mention that McCain was a POW?
Not that it’s news, but while you’re struggling to pay inflated prices for food and fuel and possible struggling to pay your mortgage, the rich continue to get richer, except more and faster:
Because that is what’s fair, right? That what Mark keeps telling us.
@1
If he is licensed, why not buy legal stuff?
Because the law doesn’t provide any way for him to do so. There is no sanctioned system for legal distribution, just legal possession.
Also, under the existing law, is it legal to sell marijuana you grow downstairs to registered users?
This remains gray under the law, and one’s ability to avoid arrest for doing so will often come down to prosecutorial discretion. To avoid arrest, these people are very careful about making sure they only provide for registered users, and don’t just sell to anyone.
Half-jokingly, half serious, why doesn’t Martin contact KOMO TV’s Problem Solvers? Usually that’s all it takes to get the problem resolved. A little public exposure.
I thought there was a legal source of marijuana. Is that oly for research studies?
“as any student of the English language can plainly see”
Aha, there’s the problem! Those who haven’t been inoculated with a legal education expect “plain English” to govern. It doesn’t. What governs is “lawyer’s English,” which is totally different. Alice came to understand how this works when she fell through the looking glass into Wonderland. You see, words can mean whatever lawyers want them to mean! Up is down, black is white, or everything is gray should you please! Words’ meaning in “plain English” doesn’t mean a damn thing in the eyes of the law. What you must do is get to the bottom of what they mean after being Interpreted by the Luminous Judges of our Distinguished Law Courts. For that, you must go to the law library and spend many hours performing copious Research amidst piles of books containing the Cases. As for the present case, don’t expect me to tell you what the ever-so-plain words of the Statute mean in Lawyer’s English — I sure as hell don’t know!! In fact, no one knows! You’re supposed to hire a lawyer and litigate the question before you’re allowed to know.
Lay people always make this mistake. They read something and think they know what it means, when even the lawyers and judges don’t know what it means. You have to ask the Cheshire Cat, and then try to figure out what the hell he said.
And don’t forget what Mr. Magoo said: “The law, sir, is an ass.”
@6
I thought there was a legal source of marijuana. Is that oly for research studies?
There isn’t one for research studies either. Don’t you remember that link I sent you a while back about the guy in Massachusetts? You said you read it.
The only truly legal growing operation that I’m aware of in the states is at the University of Mississippi and it’s controlled by the federal government.
@5
Half-jokingly, half serious, why doesn’t Martin contact KOMO TV’s Problem Solvers?
I’ll try to find out if this avenue (or a similar one) has been explored.
Get Jesse!
Jesse: “Why does the Seattle Police Department not return the medical marijuana that they illegally confiscated?”
SPD Spokesdriod: “We burned it. As a matter of fact, there is a group of officers burning it *right now*, in the alley behind the strip club they are investigating. We know that they are actively on the case, since they just contacted us by radio to request a carton of Twinkies, 5 bags of Doritos, and something called ‘Visine’. However, since that’s an ongoing investigation, I can say no more.”
Jesse: “JesseJones. KING-5.”
Lee is just worried about his stash and grow equipment being “stolen” by someone, or SPD.
@13
What a zinger! Did you come up with that all by yourself, or did a small child help you out?