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A woman who said she grew marijuana to treat the effects of sickle-cell
anemia was acquitted of several drug charges Monday despite overwhelming
evidence that her personal stash was for more than medical use.
Police testified that they found more than 200 pounds of marijuana plants
in Somayah Kambui's backyard when she was arrested Oct. 5. They believed
she was using her medical condition as a ruse to run a distribution
operation out of her South Los Angeles house.
Also seized were six pounds of marijuana in large glasses, an additional 13
pounds in packaging, 34 marijuana cookies, 32 small brown vials of hash
oil, and a pot on the stove with three liters of oil. But after six days of
testimony, a Superior Court jury spent only three hours deliberating before
finding Kambui, 51, not guilty on all five counts.
"The evidence was clear that it was a violation of the law," said a
disappointed Sean M. Carney, the deputy district attorney who prosecuted
Kambui. "But she is a very sympathetic figure. She does have sickle-cell
anemia, and the jury, I think, gave a nullification verdict."
The case tested the state's Proposition 215, the medical marijuana
initiative passed by California voters in 1996. The measure allowed medical
use of marijuana but did not set limits on how much could be grown or consumed.
Kambui said her house was merely a meeting place for the Crescent Alliance
Self Help for Sickle Cell, a marijuana club she said she founded 20 years
ago. Club members shared information on the uses of marijuana--making
cookies and oils from seeds.
"I feel victorious, honorable and vindicated," Kambui said after the
reading of the verdict. "Now we have to see what can be done to get my
property back and get the LAPD to stop raiding my house."
Her court-appointed attorney, Robert A. Welbourn, said authorities "spent a
lot of money and time trying to convict an innocent woman of a crime. Maybe
they will leave her alone."
After her arrest, Kambui spent 60 days in jail awaiting trial. Three years
before, she had spent two weeks in jail after police raided her home and
seized her marijuana. She beat that case, and her confiscated plants were
returned.
Kambui, who was twice convicted of felonies in the 1970s when she was
active in the Black Panther Party, faced a prison sentence of up to eight
years if she had been convicted this time.
Kambui said her use of marijuana eases the pain of sickle-cell anemia, a
debilitating disease in which the blood cells become deformed when oxygen
levels are low, creating painful blockage of blood vessels and causing
organ damage. Although she once shared her marijuana with others, she
testified that she hadn't been able to help anyone in the last year because
she was too sick. The 27 marijuana plants and several gallons of hemp oil
she kept at her two-story residence were for personal consumption, she said.
When the verdict was read, Kambui asked Judge Michael Johnson whether
"anything could be done to stop any further raids on my house."
Responded Johnson: "The case is concluded."
The verdicts brought cheers of celebration from supporters outside the
courtroom.
"We have reason to party now," said Bill Britt, a 42-year-old Long Beach
medical-marijuana activist. "This is wonderful."
Kambui said she also was ready to celebrate. Standing with cigarette paper
in her hand, she said: "I've got to roll me some medicine."
*
Times staff writer Gariot Louima contributed to this report.
Pubdate: Tues 19 Mar 2002
Pubsource: Los Angeles Times
Author: John L. Mitchell
https://www.latimes.com/news/local/la-000020059mar19.story
LOS ANGELES
Woman Wins Medical Pot Case
By JOHN L. MITCHELL, TIMES STAFF WRITER
anemia was acquitted of several drug charges Monday despite overwhelming
evidence that her personal stash was for more than medical use.
Police testified that they found more than 200 pounds of marijuana plants
in Somayah Kambui's backyard when she was arrested Oct. 5. They believed
she was using her medical condition as a ruse to run a distribution
operation out of her South Los Angeles house.
Also seized were six pounds of marijuana in large glasses, an additional 13
pounds in packaging, 34 marijuana cookies, 32 small brown vials of hash
oil, and a pot on the stove with three liters of oil. But after six days of
testimony, a Superior Court jury spent only three hours deliberating before
finding Kambui, 51, not guilty on all five counts.
"The evidence was clear that it was a violation of the law," said a
disappointed Sean M. Carney, the deputy district attorney who prosecuted
Kambui. "But she is a very sympathetic figure. She does have sickle-cell
anemia, and the jury, I think, gave a nullification verdict."
The case tested the state's Proposition 215, the medical marijuana
initiative passed by California voters in 1996. The measure allowed medical
use of marijuana but did not set limits on how much could be grown or consumed.
Kambui said her house was merely a meeting place for the Crescent Alliance
Self Help for Sickle Cell, a marijuana club she said she founded 20 years
ago. Club members shared information on the uses of marijuana--making
cookies and oils from seeds.
"I feel victorious, honorable and vindicated," Kambui said after the
reading of the verdict. "Now we have to see what can be done to get my
property back and get the LAPD to stop raiding my house."
Her court-appointed attorney, Robert A. Welbourn, said authorities "spent a
lot of money and time trying to convict an innocent woman of a crime. Maybe
they will leave her alone."
After her arrest, Kambui spent 60 days in jail awaiting trial. Three years
before, she had spent two weeks in jail after police raided her home and
seized her marijuana. She beat that case, and her confiscated plants were
returned.
Kambui, who was twice convicted of felonies in the 1970s when she was
active in the Black Panther Party, faced a prison sentence of up to eight
years if she had been convicted this time.
Kambui said her use of marijuana eases the pain of sickle-cell anemia, a
debilitating disease in which the blood cells become deformed when oxygen
levels are low, creating painful blockage of blood vessels and causing
organ damage. Although she once shared her marijuana with others, she
testified that she hadn't been able to help anyone in the last year because
she was too sick. The 27 marijuana plants and several gallons of hemp oil
she kept at her two-story residence were for personal consumption, she said.
When the verdict was read, Kambui asked Judge Michael Johnson whether
"anything could be done to stop any further raids on my house."
Responded Johnson: "The case is concluded."
The verdicts brought cheers of celebration from supporters outside the
courtroom.
"We have reason to party now," said Bill Britt, a 42-year-old Long Beach
medical-marijuana activist. "This is wonderful."
Kambui said she also was ready to celebrate. Standing with cigarette paper
in her hand, she said: "I've got to roll me some medicine."
*
Times staff writer Gariot Louima contributed to this report.
Pubdate: Tues 19 Mar 2002
Pubsource: Los Angeles Times
Author: John L. Mitchell
https://www.latimes.com/news/local/la-000020059mar19.story
LOS ANGELES
Woman Wins Medical Pot Case
By JOHN L. MITCHELL, TIMES STAFF WRITER
