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60-Year-Old Cancer Victim Busted for 303 Pounds of Medical Marijuana

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Egalia Donating Member (419 posts) Send PM | Profile | Ignore Sat May-28-05 02:58 PM
Original message
60-Year-Old Cancer Victim Busted for 303 Pounds of Medical Marijuana

At 3:00 am, on May 15, ten police cars descended upon a small modest home in East Nashville. There are only 7 homes on the tiny dead-end street, so it was something of a spectacle. After rousing the astonished inhabits of the home, police asked Dale to step outside where they attempted to persuade the tired and startled 60-year-old cancer victim to sign a form granting them permission to enter and search his home.

While the officers were practicing their art of persuasion, one female officer entered the home and ordered the inhabitants - Dale’s 20 year old daughter and her house guest - to stay right where they were. The terrified citizens did as they were told.

Outside, the persuasive argument went like this: While chasing someone through Dale’s backyard earlier in the evening, a police officer had “smelled” some marijuana. His flashlight subsequently revealed ten 18 inch tall plants huddled tightly together in a small patch of the ground. As if this wasn’t bad enough, there were also sixteen 6 inch plants protruding from four tiny plastic trays, the kind commonly used for seedlings.

Police had obviously snared a big time drug kingpin, hence no expense was spared, and the impressive and intimidating squadron of ten police cars was immediately dispatched.

Undeniably, the spectacle of ten police cars surrounding the small home and the groggy state of the man who was so rudely aroused from his sleep, were very persuasive factors. Once the permission form was signed, the other officers felt free to enter the home. The female officer went immediately to the refrigerator and opened the freezer door. One of her male colleagues quipped that she was always hungry. Laughter ensued.

Dale’s daughter sobbed quietly.

Concern for his daughter, as well as a good natured spirit, led Dale to take the invaders straight to his stash of medical marijuana. He had approximately half an ounce of commercial weed and another bag with a bit less than half an ounce of homegrown leaves (no buds). All told, the cancer victim’s medical marijuana stash totaled to roughly one ounce (28 grams), or slightly less.

Police also confiscated some heavy duty paraphernalia.

Mild mannered and overly cooperative to the end, Dale finally did protest when an officer seized a package of cigarette papers. Gesturing toward his can of Bugler tobacco, Dale pointed out that the cigarette papers came with the tobacco and that without the alleged “paraphernalia” he couldn’t exercise his legal habit of rolling his own cigarettes. The officer ignored him. Officers then seized yet another unopened package of Bugler cigarette papers. Finally, Metro police seized a small tire gage, thinking it looked suspicious, but later they returned the item.

In Tennessee, possession of drug paraphernalia can get you one year and/or a fine of $2,500.

Folks who purchase Bugler tobacco might want to reconsider.

Despite Dale’s cooperation, it was daylight before the police finally left his home and hauled the big time criminal off to jail. His daughter performed the unpleasant task of calling her sisters and explaining, in between heartbroken sobs, that their beloved father was in jail. And she called me. As the mother of these beautiful young women, I got to experience, first hand, the kind of emotional devastation routinely inflicted upon families by the barbaric and inhumane drug laws so common in the U.S.

Dale reports that while he was being booked for his big time crime, several police officers and a considerably higher status official quietly told him that they personally see nothing wrong with the use of marijuana.

They are just doing their job.

Dale has been charged with manufacturing the controlled substance of marijuana in the amount of 136, 050 grams (303 pounds), or more, and possession of, with intent to sale, one kilogram, or more, of methamphetamine. (!)

While Dale was being booked at the downtown Nashville police station, Officer Neely pulled one of his daughters aside and informed her that someone had “tacked on” a “bogus charge of Meth.” Officer Neely advised the astonished young woman to be certain to get a lawyer in order to get the charge removed. The young woman reports that the officer did not appear to be surprised by the bogus charge.

It is not clear why the false charge was not immediately removed by Officer Neely or one of her colleagues or superiors.

The question that comes to mind: Were Nashville’s Finest waiting until they had a chance to locate some spare Meth before making the paperwork fit the bogus charge? As to why they might be motivated to tack on phony charges or grossly exaggerate the amount of marijuana seized, that will be discussed in a follow-up story.

The senior citizen has also been charged with possession of paraphernalia, i.e., two unopened packages of Bugler cigarette papers.

Are Nashville’s police officers corrupt or merely incompetent? I’m not sure, but I am sure that they deserve to be treated with the same amount of respect, fear and dread as your run-of-the-mill vampire.

This nightmare continues to develop. In the next article I’ll address the follow-up visit of Metro Police, in which they dispatch seven squad cars and seize the senior citizen’s car, bank account, and home.

Ain’t life in Nashville grand? If you don’t live here, you probably don’t want to.


*The name of the drug kingpin has been changed. The name of the police officer has not.

http://guerillawomentn.blogspot.com/2005/05/nashville-police-bust-60-year-old.html


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silverweb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-28-05 03:05 PM
Response to Original message
1. Here's the key to the "war on drugs" --
Edited on Sat May-28-05 03:12 PM by silverweb
"...seize the senior citizen’s car, bank account, and home."

How can they "legally" seize all of those assets unless they make a substantial case against the poor man? Half an ounce of commercial and half an ounce of homegrown aren't enough. The hit has to be a substantial one.

I read somewhere that once assets are seized by the DEA, most people never get them back even if they're exonerated. The war on drugs is a very, very profitable business.

Disgusting.

My condolences to you Egalia, and your whole family. I hope you get some terrific pro bono legal help and lots of publicity!
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-28-05 03:41 PM
Response to Reply #1
6. All they need is suspicion
under the incredibly unconstitutional forefeiture laws. Your property can be seized at any time. You don't have to be accused of a crime, let alone tried and convicted. You will need to post a cash bond in order to sue to get your property returned. If you don't post the cash bond quickly enough, your property will simply be sold and the DEA and local cops will split the take.

The more you know about the forefeiture laws, the angrier you should become. They are in direct violation of both the fourth and ninth amendments, and they've been upheld by the conservative "strict constructionist" supreme court.

It's basically a racket to fatten the budgets of local police forces and allow them to purchase the latest in paramilitary gear.

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silverweb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-28-05 04:07 PM
Response to Reply #6
7. Agreed.
It's a racket and should be prosecuted under RICO. Except that they all belong to the same club.

Believe me, I'm angry. I have arthritis and would love to get a decent night's sleep without NSAIDs that require me to also take PPIs for stomach protection. In other words, I think a few tokes or some "herbal tea" would be a big help. However, I don't follow up on that desire because I fear getting caught and jeopardizing my child's college education.

Some fucking great free country we live in, huh? Run by fear and the drive for corporate profits.

If I had any tolerance for the cold at all, I'd have been in Canada by now.
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htuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-28-05 03:12 PM
Response to Original message
2. Since he was cultivating...
...they usually weigh the dirt and the container along with the plants, and include that along with the 'pot' weight when charging the person. In other words, if you have a small seedling in a big pail of dirt, it can count for about 2 pounds of 'marijuana' when they charge you.

They've been doing it this way since the domestic drug war got big in the '80's. There's often a financial reward to the local police department for big busts (through increased federal funding in addition to civil forfeiture), and this is one of the ways they get them.

Word to the wise: go hydroponic. They don't weigh the water the plants grow in.
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mongo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-28-05 03:14 PM
Response to Original message
3. What a bunch of fucking asshats
I hope you have sent this story to NORML for their e-mail news alerts. I'm sure they would republish it.

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Egalia Donating Member (419 posts) Send PM | Profile | Ignore Sat May-28-05 03:38 PM
Response to Reply #3
5. thank you

for the suggestion. I'll do that.
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firefox Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-28-05 03:16 PM
Response to Original message
4. The war on drugs shredded the Constitution
We have laws on top of laws in the drug war. The drug war corrupts the entire government from local law enforement to the Capitol and the White House. The biggest thing to know is that the CIA is the biggest drug dealer on the planet and that the drug war itself is a fraud whose main intent is to build a police state and humble "the herd."

Here we have another crimeless victim with some big taxpayer money being diverted away from real "serve and protect." The criminals in government know the drug war was used to erode people's Constitutional rights and that is why they cannot allow "reform" in the drug laws. Reform will lead to the restoration of the Constitution, ending the drug war, and putting the real criminals that reside at the top of government in jail for this fraud and tramping of liberty.
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