Tom the Nurse's Trials: Part XXV

S.F. Aug 27, 2004 - In a major victory for local med-can patients, a considerate Judge Charles Haines dismissed the possession for sale (of cannabis) charge against Thomas W. Juzbasic on Friday in San Francisco Superior Court. He ruled that the defendent was entitled to possess the 37.1 grams he had on his person when taken into custody, as he was a legitimate card carrying medical marijuana patient.

Stopped while making deliveries on his bike by SFPD Officer Kevin Martin (badge #27) at U.N. Plaza on June 11, 2003, Martin's first question to Tom was if he had any pot on him, even contending that he could smell Tom's pot through a sealed Tupperware container at a distance of twenty feet. The irritated veteran cop ignored Tom's patient I.D. when clearly shown prior to busting Tom, in direct violation of SFPD guidelines regarding medical cannabis.

A nervous Carla Gomez petitioned the court to dismiss Tom's charge, stating he clearly has a Dr.'s recommendation for cannabis at the time, as well as a DPH card. The amount he was carried was well within SB 420 limits, which was enacted this year and was retroactive.

Patiently attempting to draw a more definitive motion from the jittery public defender, Judge Haines repeatedly asked her if she had more to add, as well as overruling Asst. D.A. Dennis Chow's objections about Tom's status as a patient. When neither side could reply, the judge produced a copy of the police report and said this was an unusual case. Calming the young attorneys down, he explained that he wanted to carefully consider the evidence and police testimony.

Line by line, Haines dismissed the police assertions that Tom was dealing drugs at the UN Plaza (a well known area for drugs), adding it was a "double-edged sword", as he could be there to purchase his medicine, given the notorious reputation of the area. He also said the possession of a cell phone and pager was common in this day and age.

Judge Haines stated that the website 'kine2b.com' had no bearing on the case and the $450 Tom had at the time might have been drug proceeds, but added that it meant nothing conclusive.

The Judge removed his glasses as he reminded the court that Inspector Halloran testified that 8 ozs. was the legal amount of cannabis a patient in SF could possess, so Tom's 37 plus grams was in compliance with the law.

Finally, the red-haired, fiftyish judge clearly stated that since Tom was a medical marijuana patient with a Dr.'s recommendation, that the case was dismissed. A jubilant Tom said that two-thirds of his case was won (the first was when the property seized from his apartment was ordered returned). The third will occur on Wednesday, September 1, 2004 @ 9:30 AM; 850 Bryant St; Department 22 and is ongoing. We will be medicating out front as usual @ 9 AM. We hope you'll be there to support Tom the Nurse as he expects to end his trials.