Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
How much is too much?
While state Department of Health officials continue to contemplate just what a 60-day supply for medical marijuana patients should be, attorneys in a case brought against a Bremerton man argued over that question as well.
Robert R. Dalton's pot crop on Sand Dollar Road was deemed too big under the law by detectives with the West Sound Narcotics Enforcement Team last August. The 61-year-old's property was raided and he was charged with manufacturing marijuana. But his lawyers contend that Dalton was growing within the limits allowed in a 60-day supply.
Deputy prosecutor Coreen Schnepf said in the trial's closing arguments Thursday that Dalton had violated the medical marijuana law because she said he'd made remarks to WestNET detectives that he'd supply it to others. She cited a specific passage of the law that states marijuana as medicine must be for the "exclusive benefit of a qualifying patient."
But one of Dalton's attorneys, Douglas Hiatt, argued that under state law, Dalton can become a "primary provider" and distribute pot to other card-carrying patients.
The case will be decided without a jury by Kitsap County Superior Court Judge Anna M. Laurie on Sept. 19.
Dalton's case comes at a time when the state Department of Health, mandated by the Legislature, is working to define just what a 60-day supply is. Earlier this year, health officials were set to recommend 35 ounces of dried pot and a 100-square-foot growing space as the limit. But Gov. Chris Gregoire said that was too much and asked the health department for a second opinion.
They countered with a maximum of 24 ounces and up to six mature plants and 18 immature plants — currently Oregon's law — which irked medical marijuana advocates at a health department meeting in August.
"Once we get a clear definition from the Department of Health on what a 60-day supply is, it will be much easier for patients to comply," said Jeanette Dalton, one of Robert Dalton's attorneys and a candidate for Superior Court judge this fall. The two Daltons are not related.
Laurie allowed Dalton's lawyers to use medical marijuana as a defense in the case. Earlier this year, a lawyer for Pamela Olson, 51, of Olalla, who had a doctor's authorization to use medical marijuana, was poised to present that defense at trial following a WestNET raid on her and her husband's property. But Kitsap County Superior Court Judge Leila Mills ruled in April she couldn't, because a doctor should have told her how much her 60-day supply is, rather than her making the call herself.
Robert Dalton, a longshoreman in Tacoma, has been convicted of manufacturing marijuana once before. In September 2003, WestNET detectives searched his property and confiscated plants. He was sentenced in 2005 to 60 days of jail alternatives, according to court documents.
WestNET again searched his property in 2004, but those manufacturing charges were dismissed in April 2005, with prosecutors citing "evidentiary issues" in court documents.
In a third search of the property in August 2007, detectives said in their reports they found 88 plants on his Sand Dollar Road property.
Before trial, Dalton was charged with both manufacturing pot and possession with intent to deliver it. But Laurie dismissed the latter count, citing insufficient evidence.
In her final argument, Deputy Prosecutor Schnepf said that under the law passed by voters in 1998, Dalton needed to have pain incurable by other medicines to use cannabis. She said that opiate-based medicines he had used were relieving his pain.
One of Dalton's lawyers, Douglas Hiatt, countered that the opiates made Dalton sick and weren't effective. He said the court also shouldn't be "second-guessing" the doctor who recommended Dalton for medical marijuana.
"He's trying to get by, and he's a working guy," Hiatt said in his closing. "Your honor, let him go home."
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Kitsap Sun
Author: Josh Farley
Copyright: 2008 The E.W. Scripps Co
Contact: kitsapsun.com
Website: Amid State Flip-Flopping, Judge to Call Medical Marijuana Case
While state Department of Health officials continue to contemplate just what a 60-day supply for medical marijuana patients should be, attorneys in a case brought against a Bremerton man argued over that question as well.
Robert R. Dalton's pot crop on Sand Dollar Road was deemed too big under the law by detectives with the West Sound Narcotics Enforcement Team last August. The 61-year-old's property was raided and he was charged with manufacturing marijuana. But his lawyers contend that Dalton was growing within the limits allowed in a 60-day supply.
Deputy prosecutor Coreen Schnepf said in the trial's closing arguments Thursday that Dalton had violated the medical marijuana law because she said he'd made remarks to WestNET detectives that he'd supply it to others. She cited a specific passage of the law that states marijuana as medicine must be for the "exclusive benefit of a qualifying patient."
But one of Dalton's attorneys, Douglas Hiatt, argued that under state law, Dalton can become a "primary provider" and distribute pot to other card-carrying patients.
The case will be decided without a jury by Kitsap County Superior Court Judge Anna M. Laurie on Sept. 19.
Dalton's case comes at a time when the state Department of Health, mandated by the Legislature, is working to define just what a 60-day supply is. Earlier this year, health officials were set to recommend 35 ounces of dried pot and a 100-square-foot growing space as the limit. But Gov. Chris Gregoire said that was too much and asked the health department for a second opinion.
They countered with a maximum of 24 ounces and up to six mature plants and 18 immature plants — currently Oregon's law — which irked medical marijuana advocates at a health department meeting in August.
"Once we get a clear definition from the Department of Health on what a 60-day supply is, it will be much easier for patients to comply," said Jeanette Dalton, one of Robert Dalton's attorneys and a candidate for Superior Court judge this fall. The two Daltons are not related.
Laurie allowed Dalton's lawyers to use medical marijuana as a defense in the case. Earlier this year, a lawyer for Pamela Olson, 51, of Olalla, who had a doctor's authorization to use medical marijuana, was poised to present that defense at trial following a WestNET raid on her and her husband's property. But Kitsap County Superior Court Judge Leila Mills ruled in April she couldn't, because a doctor should have told her how much her 60-day supply is, rather than her making the call herself.
Robert Dalton, a longshoreman in Tacoma, has been convicted of manufacturing marijuana once before. In September 2003, WestNET detectives searched his property and confiscated plants. He was sentenced in 2005 to 60 days of jail alternatives, according to court documents.
WestNET again searched his property in 2004, but those manufacturing charges were dismissed in April 2005, with prosecutors citing "evidentiary issues" in court documents.
In a third search of the property in August 2007, detectives said in their reports they found 88 plants on his Sand Dollar Road property.
Before trial, Dalton was charged with both manufacturing pot and possession with intent to deliver it. But Laurie dismissed the latter count, citing insufficient evidence.
In her final argument, Deputy Prosecutor Schnepf said that under the law passed by voters in 1998, Dalton needed to have pain incurable by other medicines to use cannabis. She said that opiate-based medicines he had used were relieving his pain.
One of Dalton's lawyers, Douglas Hiatt, countered that the opiates made Dalton sick and weren't effective. He said the court also shouldn't be "second-guessing" the doctor who recommended Dalton for medical marijuana.
"He's trying to get by, and he's a working guy," Hiatt said in his closing. "Your honor, let him go home."
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Kitsap Sun
Author: Josh Farley
Copyright: 2008 The E.W. Scripps Co
Contact: kitsapsun.com
Website: Amid State Flip-Flopping, Judge to Call Medical Marijuana Case
