From: NORML California <[canor m l] at [igc.apc.org]> Newsgroups: talk.politics.drugs Date: 19 Oct 93 00:24 PDT Subject: Medical MJ Patients Harassed Jury Acquits Patient for Growing Medical Marijuana as Supporters Demand End to Harassment of Patients SAN DIEGO, Oct. 15, 1993: In the first medical marijuana case to be decided by jury trial in California, a jury acquitted Sam Skipper of growing marijuana for medical use. Skipper, 39, who is infected with the HIV virus, invoked a medical necessity defense, saying that he needed marijuana to avert nausea and appetite loss from AIDS wasting syndrome. At least three other California patients have been raided for growing medicinal marijuana since August 26th, when the state legislature approved a resolution urging the federal government to legalize medical marijuana. Victims have included: % David Peacock, 42, of Placerville, who had nine marijuana plants seized in an August 31st raid by El Dorado County narcotics agents. Peacock, who uses marijuana to relieve severe spasticity, arthritis, shingles and chronic fatigue syndrome, says sheriffs deputies were aware of his illness, but proceeded to take his medication, Medi-Cal coupons, keys, cellular phone, a gun collection and $4500 belonging to his brother, his girlfriend's rent money, and $145 cash from his wallet. He is still awaiting to regain his property but has yet to be charged with a crime. % In Marin, which last year adopted a medical marijuana ordinance, Fairfax police busted Barbara Sweeney, 39, an AIDS patient, for growing two medical marijuana plants. The district attorney refused to prosecute the case, but police turned down her request to return the plants. On Oct. 11th, the Fairfax City Council unanimously voted to adopt a resolution directing officials to support the availability of medical marijauna. % In Santa Cruz county, which also approved a medical marijuana resolution, sheriffs raided the home of Valerie Corral for the second time in as many years on Sept. 21, destroying her five marijuana plants. Corral, 41, who uses marijuana to control seizures caused by an auto accident, won dismissal from cultivation charges last year on grounds of medical necessity. After her dismissal, she resumed cultivating with no attempt to disguise the fact, but was busted after CAMP helicopters spotted her garden. The Santa Cruz sheriff proceeded with the raid despite the fact that the district attorney had told him four days previously that he wouldn't prosecute. Sheriff's Lt. Dennis Smith insisted the raid was needed to avoid "selective enforcement." "They just don't get it. They don't understand. Their days are numbered," said Juliana Humphrey, the public defender representing Sam Skipper, commenting on the recent raids. California NORML and other medical marijuana activists are calling on the government to change the law by rescheduling marijuana as a prescription drug and repealing the ban on home cultivation by bona fide patients.