Men Sentenced to 20 Years Plus for Medical Pot

By Jeralyn, Section Crime Policy
Posted on Sun Nov 23, 2008 at 04:43:00 PM EST
Tags: marijuana reform (all tags)

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In California, two men have been sentenced to 20 and 22 years for dispensing medical pot. Federal prosecutors had asked for 24 and 30 years.

The case was closely watched because of the clash between state and federal marijuana laws. To federal authorities, it was simple. Though California voters legalized the medical use of marijuana in 1996 under Proposition 215, federal law trumps state law and federal law views the drug -- even when used for medical purposes -- as illegal.

.... Friday, Scarmazzo cast himself and Montes as crusaders who went to trial rather than cut a plea deal with authorities because they are fighting for the rights of medical-marijuana users.

President-Elect Barack Obama pledged to stop federal raids on medical marijuana dispensaries -- although he was the last of the ten Democratic candidates to do so. We need him to hold Attorney General Eric Holder to it. Anyone taking bets?

In other Modesto, CA news, a man got 35 years for stealing a purse. No wonder California prisons are bursting at the seams.

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Men Sentenced to 20 Years Plus for Medical Pot | 31 comments (31 topical)

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Pardon Time (5.00 / 2) (#1)
by squeaky on Sun Nov 23, 2008 at 12:53:40 PM EST

Otherwise Obama is FOS.

I realize I'm dense (none / 0) (#23)
by NYShooter on Sun Nov 23, 2008 at 04:32:26 PM EST

What's FOS?

(I did the google....71 acronyms)


Full of Sh*t (none / 0) (#24)
by squeaky on Sun Nov 23, 2008 at 04:38:33 PM EST

: LOL (5.00 / 1) (#27)
by NYShooter on Sun Nov 23, 2008 at 05:51:11 PM EST

THAT wasn't one of them :)

Fresno has that many people with (5.00 / 1) (#2)
by oculus on Sun Nov 23, 2008 at 01:01:42 PM EST

M.D. written recommendation to have MJ for medical purposes? Who knew?

they are political prisoners (5.00 / 1) (#3)
by wendymae on Sun Nov 23, 2008 at 01:11:12 PM EST

unfortunately i think that obama will abandon support for state marijuana laws in that losing proposition of being deemed centrist and of course, not soft on crime. the drug war has to end. and legalizing marijuana would go a long way towards easing this country's economic woes.

35 years for stealing a purse? (5.00 / 3) (#5)
by Edger on Sun Nov 23, 2008 at 02:22:29 PM EST

Paulsen, Palosi, and a few others should be looking at a few hundred years then.

Good one. (5.00 / 1) (#6)
by oculus on Sun Nov 23, 2008 at 02:24:40 PM EST

: On second thought... (none / 0) (#8)
by Edger on Sun Nov 23, 2008 at 02:31:48 PM EST

Yes, Nice Comeback (5.00 / 1) (#7)
by squeaky on Sun Nov 23, 2008 at 02:29:22 PM EST

And nice to see you back.


: maybe a few thousand years? (5.00 / 1) (#9)
by Edger on Sun Nov 23, 2008 at 02:32:15 PM EST

:-)

How do you feel about (5.00 / 2) (#12)
by oculus on Sun Nov 23, 2008 at 02:35:50 PM EST

the bailout so far?


Oh, please... (5.00 / 2) (#13)
by Edger on Sun Nov 23, 2008 at 02:36:24 PM EST

Talk is cheap.... (5.00 / 2) (#30)
by kdog on Mon Nov 24, 2008 at 09:04:02 AM EST

but the bailouts ain't, and as long as we foot the bill we've earned the right to b*tch to our hearts content about the greatest confidence scam in the history of mankind going down beofre our eyes.


This just illustrates an underlying problem (5.00 / 1) (#29)
by SeeEmDee on Mon Nov 24, 2008 at 07:34:51 AM EST

"A society has the ethics it can afford." But if those 'ethics' includes a Puritanically oriented society (i.e. "lock 'em up and throw away the key!" for pizza theft), and a massive (and massively) punitive legal system, and the country can no longer afford both the attitude and the system that was built to carry it out, then what?

The societal damage resulting from the implementation of the "Broken Windows Theory" has run smack into the monetarily restrictive realities that the system created...and which, thanks to the ever-contracting economy, can no longer be funded. The attempt to incarcerate our way out of social problems is coming to an end. Now it's time for the voices who spoke out against the mandatory minimum madness over 25 years ago to be heard...too late, as usual.

Presidential Pardon (none / 0) (#4)
by NMvoiceofreason on Sun Nov 23, 2008 at 01:43:49 PM EST

Of all pure drug offenses. Treatment instead of torture. People instead of Police states. Stop it before it gets any bigger. 10% of population is too much. 50% will be a fascist state. 10% is halfway there, in spirit.

Bursting at the Seams (none / 0) (#11)
by kaleidescope on Sun Nov 23, 2008 at 02:35:45 PM EST

And Proposition 9 passed, which will make California prisons even more intolerable. People serving life sentences now are only eligible for a parole hearing once every fifteen years. This means that many older lifers -- people who are no danger to anyone -- who have managed to be moved to level two facilities now have to be moved back to level three and four facilities -- places reserved for dangerous, violent inmates. Proposition 9 makes revocation of parole easier, so more people will be sent back for technical violations. And it allows CDCR to eliminate educational programs and to prohibit visitation simply because to do so would be more convenient.

Meanwhile, a three judge panel -- judges Reinhart (of the 9th Circuit), Karleton (E.D. Cal.) and Henderson (N.D. Cal.) -- is presiding over a trial of the CDCR concerning prison medical care as it relates to overcrowding. This should be interesting because appeal lies directly to the Supreme Court. Hart and Wechsler would be interested in this procedure were they alive today.

Have there been any other cases where a three judge panel trial court has been utilized for prison litigation?

: The previous trustee in the federal (none / 0) (#14)
by oculus on Sun Nov 23, 2008 at 02:39:25 PM EST

case re state prison medical care claimed the right to tap the state treasurey w/o benefit of Legislative or Governor's approval. Can't see how this will all turn out. Staff physicians have been culled because couldn't pass test designed by UCSD Medical School. Those remaining have gotten substantial raises but greatly increased patient loads.

: That is good (none / 0) (#16)
by nyjets on Sun Nov 23, 2008 at 03:16:09 PM EST

Life should mean life in prison.
Just because a person is old does not change the underlying crime that put him or her in prison.

What should also be said about the stolen purse. (none / 0) (#15)
by nyjets on Sun Nov 23, 2008 at 03:15:23 PM EST

"In other Modesto, CA news, a man got 35 years for stealing a purse. No wonder California prisons are bursting at the seams. "

You should of also mentioned that the offenders has a history of crime and has been in and out of prison for some time.
He also assaulted the woman whose purse was stolen.
He does deserve 35 years.

Details. Details. (none / 0) (#17)
by oculus on Sun Nov 23, 2008 at 03:22:35 PM EST

I'm actually surprised (none / 0) (#18)
by Fabian on Sun Nov 23, 2008 at 03:24:41 PM EST

he managed to stay out of jail for so long!

He certainly seems to be a career criminal. Maybe not a violent one, but how many of us actually want a habitual thief to cycle infinitely through the justice system?


Whatever happened to... (5.00 / 1) (#19)
by mexboy on Sun Nov 23, 2008 at 03:44:54 PM EST

The punishment should fit the crime?

ah, you're right, let's just throw them all in jail! -snark--


the punishment does fit the crime (none / 0) (#25)
by nyjets on Sun Nov 23, 2008 at 05:03:48 PM EST

He did assault a woman for her purse.
He is a repeat offender.

No matter how you look at it, this is a criminal that continues to break the law. He deserves 35 years.


Obviously (none / 0) (#28)
by Fabian on Sun Nov 23, 2008 at 11:26:16 PM EST

He had multiple opportunities for rehabilitation.

I dunno. For people like that, I prefer a nice group home - with high walls all around it. I once had a neighbor who had police stop by so often that I thought he gave out free coffee. When my bike was stolen, it was completely no surprise to the cops that it ended up in a shop two blocks away. Cops knew the owner well, for all the wrong reasons.

Some people simply make a living by breaking the law. It's what they know how to do and it works for them. The police know it too, they just need to catch them. For some prison isn't a deterrent, it's just a change of address.

If you know an effective alternative, please come forth!


How many tax dollars (none / 0) (#20)
by themomcat on Sun Nov 23, 2008 at 04:25:11 PM EST

could be saved by reform of drug laws, sentencing guidelines and prison reform? Anyone want to hazard a guess?

How many tax dollars (none / 0) (#21)
by themomcat on Sun Nov 23, 2008 at 04:26:10 PM EST

: OK?? (none / 0) (#22)
by themomcat on Sun Nov 23, 2008 at 04:28:15 PM EST

Not sure why that happened but feel free to delete he second post.

Marijuana and book banning in the Central Valley (none / 0) (#26)
by Jacob Freeze on Sun Nov 23, 2008 at 05:17:27 PM EST

On the same page of the Modesto Bee linked by this article:

The principle at Orestimba High School has banned Bless Me, Ultima from the school's library.

"Bless Me, Ultima" is this year's novel for the U.S. Academic Decathlon competition, and also one of several selections for the National Endowment for the Arts' "The Big Read," a national book club, and it's on first lady Laura Bush's "top 10" reading list for all ages.

Principal Rick Fauss "said he hasn't received any complaints except from four teachers. Fauss said that proves he made the right decision, one that 'reflects the values of the community."'

On the brightside.... (none / 0) (#31)
by kdog on Mon Nov 24, 2008 at 09:09:14 AM EST

California may soon be bankrupt, thanks in part to their "lock 'em up" philosophym, and once the prison guards paychecks bounce they will stop showing up for work, and the bars will swing open.

obama, decrim and Medical MJ (none / 0) (#32)
by ajovitsky on Sat Dec 06, 2008 at 04:21:42 PM EST

It would help if he could end the DEA raids and delegate back to the States the absolute police power to enforce State laws without federal interference, when the State has already legalized it in a majority vote, as 13 States already have. He said he would do that, said he would not legalize it, but would encourage the FDA to treat it the same as morphine. I don't agree with that particular statement, but it is a step in the right direction, and it is progress toward positive change.

I do believe that total decrim would solve most of our budget problems, in the form of allowing dispensaries to pay State Sales taxes, and that uninhibited commerce in medical cannabis in California would more than solve our budgetary problems in this California, which is already highly regulated, but but with much regional inconsistency. This lack of uniformity in California law enforcement creates a chilling effect on investors, who would put their money into the stream of State commerce (making federal bailouts of our State unnecessary) but for the DEA.

Your thoughts?

a.j. ovitsky