Prop 215 violated in Humboldt, again

So called Law Enforcement violate State law - yet again
Corruption Continues in Humboldt County California

Humboldt County, California: Friday April 20th, just after 4 pm, a man who pledged to distribute a half pound of marijuana to legal medical recipients was arrested by the Eureka police department. Chris Giauque and about 75 people were protesting the actions of the County’s Sheriff, Dennis Lewis.

Sheriff Lewis is actively refusing a Superior Court Judge’s ruling that he return 1 ounce of medical marijuana which was seized from Mr.Giauque a few months ago. No charges were ever filed. Sheriff Lewis believes that returning the medical marijuana would be in violation of Federal law. In 1996, California residents approved a ballot initiative, Proposition 215, which allows citizens who receive a doctor’s recommendation the legal protection to grow, possess and consume marijuana for medical aliments. The Federal government, despite the conclusions of numerous official commissions - most recently the Institute of Medicine’s $900,000 taxpayer paid conclusion that marijuana poses little health risks nor does it have significant addictive qualities - refuses to recognize California’s or the other 7 states or the District of Columbia’s medical marijuana statutes. The California Constitution dictates that ballot initiatives become law the day they are voted in until a Federal appeal overrules said initiative. In the case of Proposition 215, no such challenge has been brought. Sheriff Lewis’ claim of violating Federal law is incorrect and he is in fact in violation of the very laws he has sworn to uphold.

Outside the Sheriff’s Department today, Mr.Giauque, other medical marijuana patients, and numerous supporters gathered with signs and stories to tell. Many spoke of instances in which Sheriff Lewis or his deputies confiscated legal marijuana, plants or dried bud, yet filed no charges, denying citizens due process. As a result of not filing charges, there can be no trial by jury. The only recourse for these individuals is to file civil charges against the County Sheriffs and other employees, wasting both taxpayer and patient dollars. Proposition 215 was voted into law to prevent the very actions that the Sheriff and his deputies are currently engaging in. By not filing any criminal charges against medical marijuana patients while seizing their property, Lewis and his bunch are performing the duties of lawmaker, judge, jury, and in some cases executioner as sick individuals are being denied their medicine. He is only a County Sheriff however.

Eureka PD arrested Mr. Giauque as he and others gathered around to share previous Lewis and company encounters. One witness sitting next to Mr. Giauque as he was being taken, asked the arresting officer Chris’ crime. She was told that Chris was not all the gathered people’s caretaker, therefore it was illegal to distribute the medical marijuana. In a strange twist though, no marijuana had yet been handed out. At 4:45 pm, he was booked in the Humboldt County Correctional Facility, on $25,000 bail, with charges of “possession and giving marijuana over.” Neither the Eureka Police Department nor Humboldt County Sheriffs would comment when asked about this arrest or the other events of this story.

On a related note, just days ago a jury in Somona County acquitted a group of medical growers that were supplying cannabis to Bay Area medical clubs. Based on that decision, the District Attorney in neighboring Mendocino County dropped charges against a medical growing operation which was busted recently. Four years after Proposition 215 was passed, justice is still not present in Humboldt County; scares resources are being wasted, ill people are being denied their rights, and a group of men with guns are dictating the law.

Sheriff Dennis Lewis can be reached at (707) 445-7211