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Hemp Headlines

1. Judge Wu: “If I could find a way out [of sentencing Charles Lynch to a 5-year minimum], I would”
2. New Hampshire Senate to vote on Medical Marijuana
3. Sen. Jim Webb (D-VA): Pot Legalization Could Be Part Of Criminal Justice Overhaul
4. Reality Catcher: Victory In Kitsap! Lessons And Moments From The Bruce Olson Medical Marijuana Trial

Cultivator’s Corner with High Times’ Sr. Cultivation Editor Danny Danko

• Should one play music for their plants and if so, what kind? Reggae, salsa, classic rock. . .?
• What is the optimum humidity in a grow room and suggestions for low humidity conditions?
• Two Grow cabinets in a dark room. Both made from rubbermade like plastic cabinets. When the lights are on in a cabinet, the cabinet tends to glow, even through the mylar lining. If the gardener has one cabinet set for 6/18 light and the other for 12/12, will there be a problem that one cabinet “glows in the dark” in the same room when the other cabinet has started its dark cycle?

Daily Toker Tunes by Marijuana Music Awards

• It’s a Rap on Friday – ‘LockBox’ by Breathe Life

Cannabis Conversations

• Jonathan Duddy, a 23-year-old man, narced out by a friend on Easter Sunday, re-tells his terrifying ordeal with the police breaking into his home over a little bit of marijuana.

Anytime you spend a week with a group of fellow activists, as I have during this trial, there are plenty of memorable moments. Here are a few of mine, remembered in no particular order.

• When Prosecutor Foster attempted to impeach the credibility of defense witness Paul Stanford, an expert on marijuana cultivation who is also CEO of The Hemp and Cannabis Foundation (THCF), she wanted to use Stanford’s long history with marijuana against him. Foster asked him “Why did you grow marijuana before it was legal for medical use?” Paul answered quickly, easily, and believably: “Because I like marijuana.” Bada-BING!!!

• When Prosecutor Foster attempted to impeach Pamela Olson’s testimony that she operated the grow-room, the prosecutor implied that Pam wouldn’t be able to pick up one of the ballast units used to power marijuana-growing lights. Olson, who is quite a small woman, offered to pick up the ballast in front of the jury — and did so, to the prosecutor’s embarrassment.

• Prosectutor Foster attempted to impeach the credibility of defense witness Dr. Thomas Orvald, an expert in the use of medical marijuana. Foster first asked the doctor about his stated reluctance to prescribe harsh narcotic painkillers to patients, then, thinking she was swooping in for the kill, asked him, “Why do you recommend marijuana if you are against narcotics?” To which the good Doctor quickly and correctly answered, “Because marijuana is not a narcotic.”

via Reality Catcher: Victory In Kitsap! Lessons And Moments From The Bruce Olson Medical Marijuana Trial.

Download link: NORML Daily Audio Stash for 2009-03-24

Download audio file (NORML_Daily_AudioStash_2009-03-24.mp3)

Hemp Headlines

1. Massachusetts introduces marijuana legalization bills
2. Marijuana Cuts Lung Cancer Tumor Growth In Half, Study Shows
3. Jury Acquits Bruce Olson in Washington Medical Marijuana Case
4. Maine Medical Marijuana Initiative has 55,000 signatures

Government at Work

• Dan Linn from Illinois NORML on SB 1381 (medmj) bill hearing tomorrow.

Daily Toker Tunes by Marijuana Music Awards

• Variety Tuesday – ‘Ganja’ by Echo Movement

Cannabis Conversations

• Clifford Schafer from DrugLibrary.org on prohibition economics and hard choices.

PORT ORCHARD — A jury has acquitted 54-year-old Bruce Olson on one count of manufacturing marijuana and one count of possession of marijuana with intent to deliver.

Olson, who had a card from the state allowing him to use marijuana for medicinal purposes, was arrested in May 2007 by detectives with the West Sound Narcotics Enforcement Team, who contended that he had marijuana than state law allowed.

The jury deliberated between two and three hours between Monday and Tuesday before returning the verdict.

Olson said he had to sell his home to fund his defense. He and his wife, Pamela, live in a travel trailer.

“But it’s worth it for the cause: Quit arresting medical marijuana patients,” he said after the verdict.

via Jury Acquits South Kitsap Man in Medical Marijuana Case : South Kitsap : Kitsap Sun.

I am ecstatic over this news!  I have quite a few friends who have been making that trek up to Port Orchard to observe this trial (one is the guy who had the 4″ “Stop Arresting Patients” sign that caused the judge to dismiss an entire day’s worth of jury seating, another is our podcast sponsor Paul Stanford who gave expert testimony on marijuana cultivation.)

Prosecutors are going to find it increasingly difficult to gain convictions in these medical marijuana trials, especially as the federal government has signalled a hands-off approach to letting the states manage their medical marijuana programs.  Shame on them for bankrupting the Olsons in order to pursue an anti-marijuana agenda, especially in a state where the people have decided to allow medical marijuana!

March 11, Port Orchard — Jury selection started yesterday in the continuing medical marijuana prosecution of Bruce Olson. Fifty jurors were called in, and 21 were excused for hardship or because they couldn’t remain impartial.

Today, all 29 jurors were called back, and 20 new potential jurors were brought in. At some point, an Oregon activist was standing near the court room with a sign that read “Stop arresting medical marijuana patients.” The prosecutor argued that this had “tainted” the jury pool, and the judge agreed. All 49 jurors were dismissed.

So what are they going to do if activists stay around the courthouse and continue to display that sign? Is there going to be a “no free speech” zone declared around the courthouse? It is unbelievable how our government expects people to render a fair verdict on someone’s marijuana charge when they’re not allowed to know they’re using marijuana with their doctor’s recommendation and their state’s blessing!

The prosecutor told the judge that this was the same image she saw on the web site of a marijuana activism group (cdc.coop), she believed the spectators in the court were connected to the group, and she wanted to know who owns the web site. (The medical marijuana stop sign image has been used for ten years by various groups; the CDC simply borrowed it.)

Because of this melee, the court is bringing in 65 new jurors tomorrow morning, and the trial has been delayed. The new schedule:

* THURSDAY, MARCH 12, 9AM: Jury selection redux.
* FRIDAY, MARCH 13, 9AM: Prosecution scheduled to begin.
* MONDAY, MARCH 16, 9AM: Prosecution scheduled to continue.
* TUESDAY, MARCH 17, 9AM: Defense scheduled to begin.
* WEDNESDAY, MARCH 18, 9AM: Defense scheduled to continue.

Please, please, please consider bearing witness to this travesty of justice. You won’t believe the lengths to which the prosecutor threatens witnesses and members of the public. You won’t believe how much marijuana there is. You won’t believe that the Olsons are legitimate patients and had NO USABLE MARIJUANA. You won’t believe that Kitsap County is spending many thousands of dollars EVERY DAY to prosecute this case.

So please, consider taking some time from your schedule and offer it to this medical marijuana patient in the form of court room observation.

* What: Kitsap County v. Bruce Olson: Prosecution’s Case
* When: March 12-13, 16-18 at 9 a.m.
* Where: Kitsap County Courthouse, 614 Division St. in Port Orchard
* Map: http://maps.google.com/maps?q=614+Division+St+98366

Lodging and transportation is available; email info@cdc.coop.

I’ll just ask, did Kitsap prosecutors think they could convince a jury to convict legitimate medical marijuana patients (this is not in dispute) for a half pound of marijuana leaves and stems?

Read on to follow this very typical story of how the police make 19 pounds of marijuana out of a half pound of leaves and shake…

March 10, Port Orchard — The biggest news from the medical marijuana persecution that is Kitsap County v. Bruce Olson was the court’s ruling that the definition of “usable marijuana” would be as the Washington State Department of Health defined that term in Chapter 246-75 of the Washington Administrative Code. This definition states that the dried leaves and flowers of the cannabis plant constitute “usable marijuana.” The prosecution had filed a (specious) motion to replace the existing definition of that term with the definition of  “marijuana” in 69.50.101, which includes everything save “mature stalks.”

The next biggest news — which was bigger with the water content, and with the stalks, and maybe with the root balls — was the marijuana! The marijuana came to court! We saw the marijuana! It was in a BIG box, about 2x2x3, all taped in EVIDENCE EVIDENCE EVIDENCE tape. The evidence guy cut the tape, opened the box, and inside the box was … about two inches high of decomposed leaf material and large stems.

Oh my god, this is the marijuana? Wait. This is the marijuana? Holy crap. This is anticlimatic. I mean, when I heard 19 pounds of marijuana from 48 plants with NO FLOWERS, I thought, “(19*16)/48=6.33 ounces per plant.” That math doesn’t make sense in the world of marijuana plants.

But then I saw the marijuana. And then, color pictures of the marijuana came to court! They showed the marijuana plants pulled out, with the root balls and all. Then they showed the marijuana plants with the root balls cut off. Then the marijuana with the stalks cut off. Then Kitsap detectives trimmed all the “usable marijuana,” which was the leaves and stems of non-flowering plants, and they took photos of that marijuana in a large box. The very same box of marijuana that came to court today! And in the photo it looked like the box was three quarters full of marijuana leaves and stems, and it didn’t look compressed at all — the pack was light and fluffy.

So wait? This whole thing is about this box of marijuana? Are you fucking kidding me? Two years of this? You convicted Pam Olson over this? I’m sitting in court all day with five to ten people BEING PAID BY KITSAP COUNTY — the judge, the clerk, the typing person, the prosecutor, the law clerk, occasionally 1-3 additional people from the prosecutors office watching, the detective, the evidence guy, the 1-2 public defenders assigned to the threatened witnesses — and THIS is the marijuana? Um, I’m not gonna get on a righteous WTF rant, I’ll just ask, did Kitsap prosecutors think they could convince a jury to convict legitimate medical marijuana patients (this is not in dispute) for a half pound of marijuana leaves and stems? Not only that, did they think they could do it with only the word of a questionable confidential informant paid by the WestNET federal drug task force? Eek!

So ya, the marijuana came to court. And then it left. The CDC got a court-approved up-close look, as the defense unexpectedly called Ben out for consultation in viewing the marijuana, as he didn’t know what he was looking at, and his expert witness wasn’t in court until tomorrow. “Who, me?” he said with a deer-like stare.

The expert witness was debated today. The court ultimately ruled that Paul Stanford, director of the THCF medical marijuana clinic, could testify as an expert about marijuana cultivation. Mr. Stanford may not testify about marijuana as it relates to medical ailments, as he is not a doctor nor degreed, and he may not testify about the chemistry of marijuana, as he is no scientist.

The cantankerous tone continued somewhat today. After a recess to ask questions of the county official who tested the marijuana, and who also brought the marijuana to court — did I mention how exciting that was? — which came shortly after we came back from the recess to view the marijuana, the judge spent fifteen minutes lecturing the attorneys. She brought in a plaque from her wall with some tenants of lawyerly conduct — a task she’d never before undertaken — and read through them completely, chastised the lawyers some, then read through them again. Then she put both lawyers on notice that she was ready and willing to issue contempt orders should they not make nice at trial. The fine is $500, she told them — and said there are other potential penalties that the lawyers well know.

All that before lunch. Now it’s back to court to start jury selection. Please consider coming out to Port Orchard, Washington, which is 30 miles from Tacoma out Highway 16. The prosecution starts it’s case tomorrow, Wednesday, March 11 at 1:30 p.m.

* What: Kitsap County v. Bruce Olson: Prosecution’s Case
* When: Wednesday, March 11, 1:30 p.m. through Thurs.
* Where: Kitsap County Courthouse, 614 Division St. in Port Orchard
* Map: http://maps.google.com/maps?q=614+Division+St+98366

Lodging available. If you’d like a place to stay overnight Wednesday night, please email info@cdc.coop.