Tom the Nurse's Hearing Tomorrow
When:
Thursday, March 18, 2004; 12 Noon to about 4 PM
Where: Hall of Justice; Municipal Court, Department 10; 850 Bryant St.;
San Francisco, CA
Bag Lunches provided. Please bring medicine to share.
As many of you know, Tom the Nurse, a patient and caregiver was arrested on June 6, 2003 at UN Plaza by Officer Kevin Martin SFPD #24, despite the fact that he produced his medical marijuana patient ID when accosted by Martin, a clear violation of the SFPD guidelines pertaining to the Compassionate Use Act of 1996.
The amount of medicine in question is 37.5 grams and was stored in 11 envelopes, falling well within the amount specified by SB 420. Tom was respectful and complied with every one of the officer's requests, therefore there were no additional circumstances to warrant Tom's arrest. He was, however, taken into custody and booked into City Jail that evening, where he served two days before being released on his own recognizance.
As if the indignity of arrest wasn't enough for Tom to suffer, it is believed Officer Martin or one of his superiors, withdrew over $8,000 from Tom's checking account immediately after finding his checkbook. Asset seizure may be the normal procedure for SFPD personnel when arresting drug dealers or mobsters, but when does possession of two small plastic bags of medical marijuana give police the right to go to Tom's bank and withdraw his life savings?
Undeniably, patients still have much to fear from the law, because only recently, have the courts ruled in favor of the rights of patients to seek appropriate medical remedies regarding their personal health. [It is hoped that these rulings will continue to stand in the wake of a maniacal onslaught from a misinformed few who seek to deny us any relief from physical suffering unless they personally approve of the means.]
A double standard exists in S.F. regarding medical marijuana laws. Despite official claims of support for medical marijuana by Mayor Newsom, D.A. Harris and the SFPD brass, law-abiding citizens are still subject to the same continuing harassment, arrest, asset forfeiture and prosecution that they were in 1995.
At first glance, one might assume that our own government administrators, officers of the court and peace officers do not respect the laws passed by a majority of voters and act in an extralegal manner for failing to obey the same laws that you or I must obey or face punitive legal action.
What gives public servants the right to stonewall us by denying us our civil liberties and constitutional rights under the same laws they are sworn to uphold?
Would they instead prefer us to adhere to the same hypocritical standards that they themselves continually flaunt? I would think not, but as a cannabis activist for the past twenty-five years, I have been personally been lied to by too many politicians, lawyers and cops to mention; the same people who promise to follow the letter of the law publicly, while privately implying an intent to act against myself and others who share my views.
There is only one way to prevent these hypocrites from conducting themselves dishonorably while deliberately misleading the general public... That is to hold them publicly accountable for their unethical behavior and inform others about their activities against the public good.
We find ourselves, once again, out on the streets and in the courts at the Hall of [In]Justice publicly confronting those very same prosecuters and judges who try to convince us at every election that they respect the will of the people, when it is clear they do not. Their sworn responsibility is to uphold the law in a manner that is consistent with the public's wishes and well being.
It is our duty to remain tirelessly vigilant of those who 'promise' to be looking out for "our best interests" with one eye, while staring at their personal interests with the other. We hope that our earnest political efforts, in conjunction with our continuing physical presence in the corridors of government, will be enough to remind our public servants that their primary responsibility, in the city of Saint Francis, is to humbly serve where needed, demonstrating compassion for the sick and the poor while remaining tolerant of divergent opinions, as well as forgiving those who cause harm to themselves or others.
Finally, I sincerely hope in the days ahead that those who would deny us our freedom to use marijuana as medicine be spared the pain and suffering of illness that many of us face daily, and that when they are in need, they will be able to legally obtain the only medicine that might be standing between them and death.
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