[Thraxz]

A Wters was on his way home Saturday afternoon from a nice outing with his brothers( All Patients with Recs) when on his way home he pulled in to a drunk driving check point.
They were searched and all Meds were taken, The driver was sober! No Question, they left an hour before and he would not partake of the bong said he was the Designated driver!
To top that off when they got home within hours were raided by the S.B. sheriff and nothing was found. They were not cited either time and werent charged..
How is this allowed to happen and when do the Laws go into affect, Doesnt a state officer have to obey the Law? Can they sue, or press charges for strong arm?
Tell me what you think! By the way these guys are in need of some meds, They spent all of what they had for the month and it is all gone, I will help out if I can but they are truly good people and in need! Thanks!

[kusher]

welcome to the real world! if everybody out there thinks that the law protects you,AH ha ha ha ha.

[poly]

Originally Posted by Thraxz

A Wters was on his way home Saturday afternoon from a nice outing with his brothers( All Patients with Recs) when on his way home he pulled in to a drunk driving check point.
They were searched and all Meds were taken, The driver was sober! No Question, they left an hour before and he would not partake of the bong said he was the Designated driver!
To top that off when they got home within hours were raided by the S.B. sheriff and nothing was found. They were not cited either time and werent charged..
How is this allowed to happen and when do the Laws go into affect, Doesnt a state officer have to obey the Law? Can they sue, or press charges for strong arm?
Tell me what you think! By the way these guys are in need of some meds, They spent all of what they had for the month and it is all gone, I will help out if I can but they are truly good people and in need! Thanks!

Gathering Data RE: TREATMENT OF DISABLED PATIENTS
High Dessert Outreach Group

Checkpoint: SB County near patients mother's home in air expressway
at 395 in Victorville or Adalanto.

impounded car for No Insurance, Suspended license.
Disabled patient did have license and insurance for the vehicle???

events:

LEO takes car for No Insurance, Suspended license.
upon exiting the car they take their meds.
disabled/exempted patient demanded meds back.

they threaten to arrest exempted patient.

they make a disabled patient walk home to mothers house to take a
brother home.

badge number and name of officer impounding:
# D3398 Sassberry or sacksberry
SBSD Sheriff

Supervisor: allowed taking 3 patients meds!

Denied transportation and forced to sit in painful "non accessible"
cop car officer said "KIck Rocks" upon complaining about pain to
leave car.

5-10 minutes after he leaves check point, his house is raided
immediately.
Surrounded by sheriff cars and attempted raid without search
warrants, before he is able to return home.

Girlfriend is threatened by raiding cops and they are given access
without warrant. NO WARRANT.

[Big K R]

Originally Posted by kusher

welcome to the real world! if everybody out there thinks that the law protects you,AH ha ha ha ha.

I don't know what your laughing about it could have been you.

[Thraxz]

Yes sir, and the worst thing is the guy is now without Meds and no cash!

[Schmetty]

I have to agree driving with out insurance is one thing thats a citation if you have it just prove so at court and the fine is dropped to like 30 bux but no license thats ignorance. Suspended is even worse because you obiviously know you arent supposed to be driving.

Now that thats over i have to say you guys lost your meds and there isnt much you can do depending on the circumstances. If all your meds were sealed and in the trunk thats one thing. Then you can get them back you have to serve the court papers and its a long tedious event meds will taste like dirt by the time you get them back. Secondly i know lots of you will disagree with this. But if you are a medical patient and a cop attempts to break your glass or take your meds and just let you go dont accept it. Demand a citation if he refuses then why is he breaking and taking your stuff. Cops know that if you go to court with proof he didnt follow state law hes gonna be in trouble at which point you are entitled to reimbursement. Most any club will provide you with a receipt so you can get either your meds or money back. Any smoke/head shop will almost gladly give you a receipt to be reimbursed. Also you can attack the officer in civil court. Thats basically where you can do the most damage. The cop doesnt have a kiss ass DA to protect him now it comes down to the facts of what happened and civil law is pretty straightforward.

Also i doubt this would hold up as a defense in court but suppose you had 2-3 oz in your trunk on the way home from a co op. Cop pulls you over arrests you takes your meds and you sit in jail waiting to see a judge. Well considering the facts he is now guilty of felony possesion, probably grandtheft, false inprisonment. And im sure there are a few other crimes he basically committed. Why should he get a break he bassically just held you up and took you as a hostage thats the way i see it atleast.

Bruce margolin is the person to go to if you have any issues with law enforcement. He will make sure justice is served. He has been protecting us patients for yrs and will continue to do so unless these cops wise up.

I urge any patient who is arrested or stopped for a marijuana charge to just accept what is happening. I know this sounds like horrible advice no one wants to sit in jail but if we keep letting these cops get away with taking and breaking without citations served nothing will change. Once the courts are getting flooded with medical patients filing charges and suing the department things will turn around quick. If they want to make criminals out of us then lets show the judges who is really the criminal in this situation.

I havent talked to a single cop since my last stay in ventura jail dealing with an old petty theft charge. I was young and dumb shit happens. But the point is that i dont talk to them because telling them the truth will get you in jail. If they ask about marijuana being in the car refuse to talk to them its your right. If they hold you up then search your car and its in the trunk you didnt break any law. You didnt lie because you never said a word about it no yes or no but nothing.

Im taking justice classes now because i find the current system to be severly flawed and i want to find out why. I mean i know why but i want a clearer understanding of how its supposed to work and then figure out a way to get things back in check. Im not trying to be some special fix the court person its actually the lowest on my list but i find it interesting and i love to learn new stuff.

Once again i dont think your gonna have much luck. You made some huge mistakes and because of that your chances are terrible. You didnt get a citation and a unlicensed person was driving. Im sorry this happend to you or anyone it happens to i know how it feels but if your smart chances are you will come out on top. Its worth a few days in jail to have some time to clear your mind and get everything figured out. A valid medical patient has rights that protect us from cannabis charges. Many cops will tell you lies about what protections we have. So its a good idea to always keep a copy of both prop 215 and sb420 with you at all times. Sb 420 makes it pretty clear what protections we have and for a cop to see that document and completely disregard it is showing no respect for the law which they are employed to uphold. That should be grounds for suspension alone.

Thats my .02 maybe a little more.

L8R (Schmetty)

[poly]

Disabled patient did have license and insurance for the vehicle

[Medpatient]

Originally Posted by kusher

welcome to the real world! if everybody out there thinks that the law protects you,AH ha ha ha ha.

wow such a helpful post. Hope something like this never happens to you, I would hate to have to sit here and laugh at you.

[Thraxz]

The disabled guy in the passenger seat had his license and insurance Oh and it was his car, The driver should of gotten a ticket but the passenger whos car it was should of been allowed to take his car, When the cops told the three two kick rocks, Thats pretty messed up when the disabled guy is in bad health severe pain and can barely walk, Had to walk two miles to Mothers home..Cops were at his house within the hour, No warrant scaring his girlfriend into letting them in..He has an exemption on his rec from S.B.420 to be a caregiver for his brothers and a small patient group down the road..There was not one thing at his house........
So to think any of this was legal is wrong, The only thing the cops did that was legal was give the driver a ticket, They had all the proper info..
I am going to try this weekend to drive to them and give them some meds, If anyone can help as I am not rich it would be greatly appreciated!! Thank you!!

PRO215

[kusher]

i wasn't laughing at them. i was laughing at the way people think that they are protected by prop.215. the cops do what the hell they wanna do. if they want to take your meds, they take your meds. if they make a disabled person walk home , well they just don't give a shit.

[Thraxz]

You are totally right and I didnt think you were laughing!

Why do these reports always change as more is revealed?

Please don't "solicit" for meds for your massive mistakes.

Jeez what ever happened to taking personal responsibilty for your actions?

Giving all patients a black eye over your blatent abuse is damaging to us all.

[mon-well]

kusher your right, the po-lice don't give a shit about your card. They do whatever they can to bully you even though your legal.

[B.U.D]

wow that sucks. i try not to drive during holiday season b/c of check points. they are to check for any style of DUI. if they pull you out the car or answer the cops question wrong you could have gave up your rights without you knowing and got search legally without a warrant. everyone has to watch what you say to a cop and how you answer question. i saw a video that a DA talks about what type a question cops ask to make you give up rights and how to properly answer them. ill see if i can find video and post it.

wow the raid thing seems a bit extreme. raided before they got home.......odd

[boogerlayne]

Well said! I am surprised that this is even a topic. The whole reason BUD is illegal for most is because of the fact that many before us have shown a lack of good judgement. Unfortunately the few fuck it up for the majority. For me it is a matter of maturity. I was that dumb ass at one point early on.

Originally Posted by Platypus

Why do these reports always change as more is revealed?

Please don't "solicit" for meds for your massive mistakes.

Jeez what ever happened to taking personal responsibilty for your actions?

Giving all patients a black eye over your blatent abuse is damaging to us all.

[Thraxz]

You, who said trying to solicit, you can stick it.. This is a community I thought, I'm finding allot of people on here that are only looking for the good deals and the best bud.. There are some genuinely good people on here though!!
This was started to help a fellow patient, But God forbid anyone do that..I don't need your help, I will help this guy out myself..
The only thing that's changed is the driver didn't have a license, But the passenger who's car it was did.and insurance.Hes hurting and didn't want to drive ( Bad Choice)..
Here wait let me make all this up to amuse you, or to scare people..AH NOT!!! What am I soliciting again? Just trying to let people know whats going on!!

[Thraxz]

Please review my story and if you have any questions please contact me for more info.
Please let me know if your news outlet picks up my story.
Please help me increase community awareness and inform people.

Thank You


Shedwood Consulting Services
323-461-3020
Audio • Video • Web • Promotional Services


NEWS UPDATE:
SBSD VIOLATING THE DISABLED

Freelance Writer / Patient Advocate
Victorville, CA

Sunday, Adalanto CA
Checkpoint: San Bernadino County at the Air Expressway at 395 near Victorville and Adalanto.
At a checkpoint 50 feet behind tow trucks and cars being impounded Poly, is about to have his rights violated.
Every day across the state events like this occur going unreported...
The following is accounting of the events as they unfolded during his experience.
The Sheriff decides to impound the car because disabled owner driver had brother with suspended license driving for him.
Owner asks "Can I take the car then, I have a license".
Sheriff Says "No, it's going to be impounded" Officer leaves...while a volunteer waits by the car.
After 10 minutes officer returns to ask them to step out of the vehicle.
"May I take some paperwork? " Sheriff says grab what you need.
"Another officer remarks what is that a pharmacy in there?"
The officers proceed to confiscate the medicine, 3 patients Medical Marijuana.
Younger brother to the officers. "That's my medicine. I have a doctors letter"
They checked medicine on the trunk. Poly while medicine is being taken, "half of that is mine officer"
The Sheriff then takes both brothers to the police car.

One Sheriff remarked "why are you being towed?...None of you guys have license"
"I have a license and insurance" Poly answers.
I am handicapped, my brother was driving me to my mothers house.
One sheriff recognizes patient poly's disability, "then says wait for him..."
Poly is disabled, he has a severely herniated disk, and severe nerve damage and 2 smashed vertebrae.
It is hard for Poly to move easily. Sheriff makes him squeeze in the back of the car.
To Sheriff " it's going to be hard to get in" Sheriff replies "Your going to have to try to get in so I can close the door"
It hurts for me to get in the car. Despite his back problems Poly weighs 400 pounds. This is painful for poly and he moans and complains to the sheriff.
Sheriff answers "the new cars are going to be even smaller, I can barely fit my legs up front in them"

Moments later they show the officers their doctors letters.
The Sheriff still confiscates medicine stating it is still illegal under Federal Law, City and County law.
Leaves with the doctors letters. Poly carries a SB 420 exemption to care for medical marijuana patients.
In this case just himself and his 2 brothers. Officer returns, You Know I could bust you, we have to hold this as evidence until we can verify with your doctor"
"He verifies 24/7" poly says "the number is on the letter"
"What's going to happen to my medicine?"
Sheriff replies "It's going to be destroyed anyways"

In the background officers where examining the goods and talking and laughing about some of the items they had taken.
Not understanding these medicines are the only way for Poly to reduce his dependancy on much harsher pharmaceuticals, which will lead to kidney damage over time.
Poly also suffers from a severe form of sleep apnea and uses medical marijuana to help him sleep at night before he uses a respirator to sleep.

"These things are not really handicapped friendly" Poly remarks about the back seat, and the officer replied "That's because when your in back there your usually on your way to jail"
"But I still have my basic human rights"
Officer Replies "Kick Rocks..."

Poly has to walk home at least 2 miles. Never offered a ride. Never read their rights.
Never asked or consented to a search. Yet their property was seized without question.

Poly's car is impounded for 30 days and he cannot afford to get it out of impound at a price which may exceed the cars value beyond $3,000.

Before Poly Can return Home to his girlfriend and baby daughter. His home is raided by the sheriff less than 10 minutes after he is asked to walk home to his mothers house to take his brother home. 25 miles from home in the apple valley.
Surrounded by sheriff cars an attempt to raid his home is made without search warrants, before he is able to return home.
Girlfriend is threatened by raiding cops and they are given access without warrant.
The sheriff asked girlfriend if she owned the car, she answered it was hers and was going transfered from poly.
The Sheriff then explained that it had been stopped at a check point and had been impounded and they found a substantial amount of a controlled substance.
She then acknowledged to the sheriff that Poly is disabled and had a doctors letter for Medical Marijuana.
She gave them no consent to touch anything, but obliged a single sheriff to walk through, briefly.

On Monday Poly spoke candidly in an interview while trying to deal with his encounter with the law.

"I feel very violated, Last month me and my brothers got our doctor's letter so we could get medicine per state law SB420 & Prop 215 since 1996 and build a collective to help High Desert Patients. Because we have no dispensaries like the 300 plus dispensaries in Los Angeles and San Fernando Valley. This letter is supposed to protect me from being molested by the state law and it was clearly ignored this weekend.
Now I don't even have my medicine and neither do my brothers. Everything we saved up for is gone. I can't afford to get my car out of impound. I have my license and insurance? Why where they towing so many cars anyway? Why didn't they return my medicine if I have an exemption to care for patients, and we had minimal amounts in comparison to SB 420/Prop 215 limitations? Less than an ounce of processed medicine is nothing for 3 people... I haven't rested well for 2 weeks and was hoping to have my medicine for this weekend. It works better than my prescription medications and has less side effects. This makes it much worse for me...
I do not understand why I was treated so poorly by the sheriffs. I was not offered a ride home or to take my brother home to our mother's house 2 miles away. I can't walk 2 miles with my medical conditions... They expected me to walk home? We had to call someone to drive me to my mother's house. My family is deeply affected by this. Why was my home raided when I co-operated with the sheriff and they already took my car and medicine? It makes me feel like I am not in America anymore... I am asking for donations and help from several friends, organizations, and reformers of state and federal marijuana laws. If me and my brother's don't get our medicine back we will protest and get legal support from someone somehow... Before I just read these activism stories on the web and now I am living it. This month the attorney General released an updated report for for Counties to observe the states law protecting patients like myself and my brothers. I want want to know why we are being treated this way? I am going to ask county leadership and our chosen representatives to investigate this matter and this kind of treatment of the disabled in our communities. I am here to let you know there is no compassion for people who try to observe our states laws... Me and my brothers are not criminals and we feel like we have been violated in so many ways... We want our medicine back and we want justice from the authorities who did this, and who do not educate, train, law enforcement officers to uphold our states laws that we have voted for them to enforce. I am still in fear of persecution, and concerned for my family and loved ones."

On Tuesday after Labor Day Poly will go in and ask the Sheriff for his car back, and the confiscated medicine.
He was able to get his car back after spending $600 when his car was taken from him.
He still has not asked for his medicine back. He has contacted Americans For Safe Access for help and support in his matter.

Pursuant to the Constitution of the State of California, Amendment III, Section 3.5(c),
state enforcement officials have no power to refuse to enforce a statute on the basis that
federal law or federal regulations prohibit the enforcement of such statute. Furthermore, in Garden Grove v,
Superior Court, the Court of Appeal for the Fourth Appellate District has observed that, “it is not the job of
the local police to enforce the federal drug laws.” It is therefore your legal duty and responsibility to
respect and obey this agreement per the above cited legislation, and to leave the individuals herein
described unmolested and unreported to federal authorities. Failure to follow state law may result in legal
action being taken against you.

This is what is stated on the medical agreements of patients groups of patients and caregivers who follow the guidelines set forth by Americans For Safe Access in accordance with state laws SB420 and Prop 215.

Under the law since no charges where pressed he is eligible to try and get his medicine returned.
Currently the Medical Marijuana County Issued card program is voluntary for patients with doctor's letters.
However law enforcement is supposed to respect patients rights to possess and cultivate marijuana for midicinal use.

In august the Attorney General released an updated report for the
GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE
August 2008

Citing page 2 Regarding SB 420 Laws Established in 1996
C. Senate Bill 420 - The Medical Marijuana Program Act.

On January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (MMP), became
law. (§§ 11362.7-11362.83.) The MMP, among other things, requires the California
Department of Public Health (DPH) to establish and maintain a program for the voluntary
registration of qualified medical marijuana patients and their primary caregivers through a
statewide identification card system. Medical marijuana identification cards are intended
to help law enforcement officers identify and verify that cardholders are able to cultivate,
possess, and transport certain amounts of marijuana without being subject to arrest under
specific conditions. (§§ 11362.71(e), 11362.78.)

It is mandatory that all counties participate in the identification card program by
(a) providing applications upon request to individuals seeking to join the identification
card program; (b) processing completed applications; (c) maintaining certain records;
(d) following state implementation protocols; and (e) issuing DPH identification cards to
approved applicants and designated primary caregivers. (§ 11362.71(b).)

Participation by patients and primary caregivers in the identification card program is
voluntary. However, because identification cards offer the holder protection from arrest,
are issued only after verification of the cardholder’s status as a qualified patient or primary
caregiver, and are immediately verifiable online or via telephone, they represent one of the
best ways to ensure the security and non-diversion of marijuana grown for medical use.

In addition to establishing the identification card program, the MMP also defines certain
terms, sets possession guidelines for cardholders, and recognizes a qualified right to
collective and cooperative cultivation of medical marijuana. (§§ 11362.7, 11362.77,
11362.775.)

Citing page 7 Regarding Seizure

5. Non-Cardholders: When a person claims protection under Proposition
215 or the MMP and only has a locally-issued (i.e., non-state) patient identification
card, or a written (or verbal) recommendation from a licensed physician, officers
should use their sound professional judgment to assess the validity of the person’s
medical-use claim:

a) Officers need not abandon their search or investigation. The standard
search and seizure rules apply to the enforcement of marijuana-related
violations. Reasonable suspicion is required for detention, while probable
cause is required for search, seizure, and arrest.

b) Officers should review any written documentation for validity. It may
contain the physician’s name, telephone number, address, and license
number.

c) If the officer reasonably believes that the medical-use claim is valid
based upon the totality of the circumstances (including the quantity of
marijuana, packaging for sale, the presence of weapons, illicit drugs, or
large amounts of cash), and the person is within the state or local possession
guidelines or has an amount consistent with their current medical needs, the
person should be released and the marijuana should not be seized.

d) Alternatively, if the officer has probable cause to doubt the validity of a
person’s medical marijuana claim based upon the facts and circumstances,
the person may be arrested and the marijuana may be seized. It will then be
up to the person to establish his or her medical marijuana defense in court.

e) Officers are not obligated to accept a person’s claim of having a verbal
physician’s recommendation that cannot be readily verified with the
physician at the time of detention.

6. Exceeding Possession Guidelines: If a person has what appears to be valid
medical marijuana documentation, but exceeds the applicable possession
guidelines identified above, all marijuana may be seized.

7. Return of Seized Medical Marijuana: If a person whose marijuana is
seized by law enforcement successfully establishes a medical marijuana defense in
court, or the case is not prosecuted, he or she may file a motion for return of the
marijuana. If a court grants the motion and orders the return of marijuana seized
incident to an arrest, the individual or entity subject to the order must return the
property. State law enforcement officers who handle controlled substances in the
course of their official duties are immune from liability under the CSA. (21 U.S.C.
§ 885(d).) Once the marijuana is returned, federal authorities are free to exercise
jurisdiction over it. (21 U.S.C. §§ 812(c)(10), 844(a); City of Garden Grove v.
Superior Court (Kha) (2007) 157 Cal.App.4th 355, 369, 386, 391.)

Here is the whole story!!