SEATTLE: New Judges Added To War Criminal List

These judges are terrorists and will be placed on the marijuana war criminals list.


The reason: The cops have too much of a problem distinguishing legal from illegal cannabis. The solution- Legalize all cannabis so they won’t be confused.


Doctor’s note won’t stop marijuana searches

By GENE JOHNSON Associated Press Writer

SEATTLE – A doctor’s permission to use medical marijuana doesn’t preclude police from arresting a patient or searching his home, the Washington State Supreme Court ruled Thursday.

The court upheld the conviction of Jason Fry, a Stevens County man arrested with 2 pounds of marijuana in 2004. Justices said sheriff’s officers who smelled marijuana smoke at his home had probable cause to believe a crime was committed – even after Fry presented them with an authorization from his doctor.

Eight of the nine justices said Washington’s law only allows patients to present a medical marijuana defense at trial, and does not protect them from arrest or searches. It’s hard to imagine how police could determine whether someone was complying with the law – such as by only possessing a 60-day supply of marijuana – without conducting a search, they said.

“Possession of marijuana, even in small amounts, is still a crime in the state of Washington,” Justice James Johnson wrote in the lead opinion. “A police officer would have probable cause to believe Fry committed a crime when the officer smelled marijuana emanating from the Frys’ residence.”

Justice Richard Sanders dissented on that point, saying such an analysis would neuter the state’s compassionate use law, passed by voters in 1998. While the law does create a defense against marijuana charges to be used at trial, he said, it also states that qualifying patients “shall not be penalized in any manner, or denied any right or privilege” for using marijuana under the act.

Under the court’s ruling, a patient could be searched, arrested and hauled to court every time an officer smells marijuana at his or her home, even if they were complying with the medical marijuana law, Sanders argued.

“I do not find the mercy of the people of Washington for individuals with terminal or debilitating illnesses to be so fickle,” Sanders wrote.

Many supporters of the medical marijuana law are frustrated that patients continue to be arrested and prosecuted more than a decade after the law was passed, and Thursday’s ruling only compounded that frustration. Some prosecutors have also expressed frustration over the difficulty of determining what’s legal and what’s not under the state’s medical marijuana law.

Steve Trinen, a lawyer with the Pierce County Prosecutor’s Office who argued the case before the Supreme Court, said he agreed with the court’s finding that a medical marijuana authorization does not negate probable cause to search a patient’s home.

But the Legislature should clarify the law to better protect legitimate patients, he said.

For example, lawmakers could set out procedures for obtaining a medical marijuana authorization – “a large number of which appear to be dubious at best,” or based on very cursory examinations, Trinen said.

One group, Sensible Washington, cites the law’s ineffectiveness as one reason the organization is pushing a ballot initiative this year that would remove all state criminal penalties for adult use, possession, growing and delivery of marijuana.

“The court basically said medical marijuana patients are automatically subjecting their house to search by the state,” said Paul Lawrence, an attorney with K&L Gates in Seattle who helped write a friend-of-the-court brief in the case. “That’s extraordinarily intrusive. The people of this state would not want this decision to be the law of the state.”

Five of the justices also ruled that generally, judges must allow a jury to decide whether someone is a qualifying patient under the law. In this case, a Stevens County judge ruled on his own that Fry was not a qualifying patient.

Nevertheless, Fry’s conviction was upheld because a defense lawyer conceded that his severe anxiety and depression are not conditions covered by the law.

Alison Holcomb, drug policy director with the American Civil Liberties Union of Washington, said she was irked that the court ignored one argument raised in the ACLU’s briefing in the case: that Fry should have been allowed to present evidence that he was reasonably relying on a doctor’s opinion that he was a valid patient under the law, and therefore should not be found criminally liable.

“This puts patients in the position of not knowing whether their authorization will protect them,” Holcomb said.



  1. The Illuminati Hotline on

    So my pretty=
    so you have stumbled upon our clever plan
    to destroy the prohibition resisters will
    and transform earth into a drug free boring desert
    so we can sell them booze and potatoe chips
    and fill for- profit prisons with harmless drug users
    mwah ha ha
    so now that you know all this
    we will have to silence you
    with dastardly underhanded tricks
    and make it all look like …an accident

  2. The Illuminati Hotline on

    So my pretty=
    so you have stumbled upon our clever plan
    to destroy the prohibition resisters will
    and transform earth into a drug free boring desert
    so we can sell them booze and potatoe chips
    and fill for- profit prisons with harmless drug users
    mwah ha ha
    so now that you know all this
    we will have to silence you
    with dastardly underhanded tricks
    and make it all look like …an accident

  3. Anonymous on

    “…You’re a little cookie for coming on a pro legalizing site pointing out the failures of our movement to capture the hearts and minds of the … etc..”

    so what you are saying is, unless posters here follow your narrow belief system and rehash your favorite sentiments, and applaud all your pin ups,, then we shouldn;t come round>
    OK,…Thats great, I have awlays to meet god online ( dink )

    get ready to lose in Nov, because fuck man, stale dated late 80s frame of mind regarding dope is not welcome in the real world of the 21st century > be prepared to be _very disappointed

  4. BG on

    HAHA…Anonymous is doing exactly what he should be…. keeping you angry about the national disgrace called prohibition. Do not assume that there is no turning back, the WAR is not over.

  5. Anonymous on

    Things are indeed changing,my friend
    way way past your frozen-in-the-past frame of mind..

    The US president(D) is not at all in favor of legalization, nor do any of his cabinet(D) nor most of the state governors.
    Yesterdays’ appointment(D) of a new DEA boss, Michelle Leonhart (!) with so much recent experience in pulling down the CA(R) med pot clubs..makes rational people wonder if even kooks like Ron Paul(R) will soon give up on legalizing pot in the USA (D?) and move onto more important issues.

  6. Anonymous on

    Have you ever left yours? why don’t you take your own advice and google Ca lawmakers. the (D) at the end of their names means Democrat in case you don’t know. lol
    It’s not up to Arnold, it’s not up to the cops, it’s up to the people of this great country.
    Things are changing , you better get use to it. we are going to leave people like you in the dust wondering what happened.

  7. Anonymous on

    Who is the Governor of California? -Arnold, Right?
    What is his political affliation? -Republican, right?
    he gained office by the popular vote, right?
    and the republicans prevailed, right?

    are you with me so far..? I know its difficult but hang on we are nearly done here pal..
    maybe stop and catch your breath
    have a sip of water.. OK here we go again

    So it can be said with some certainty that the State of California, with a Republican Governor, heading a Republican Political party is, in fact running a Republican stronghold..
    OK sorry to break the bad news to you.. Arnold will never legalize marijuana,has said so in public and apparently is not very impressed with credibility of the Med Mj Clubs in ” HIS ” state.

    You can even Google this if you want further clarification.

  8. Pax on

    California is a republican stronghold??? LMAO now that shows how much you really know. ever heard of nancy pelosi.
    Maybe it should be a war, maybe we should take up arms and fight to the death, after all we could do wihout you and your kind. come to the south where we really are republicans.we don’t give shit about you and we do love guns and weed lol.
    It’s our right as people to smoke any damn thing we want and you are not going to stop it. No jail time or scare tactics will work here.
    It’s the crooked cops that needs to be stoped, and with enought power from the people, they will be.

  9. Anonymous on

    Obama betrayed you all.. shrugged off pot and made the individual states pay their own costs for fighting dope, with California being the most messy target to clean up.

    California is republican stronghold– stoners live in ghettos and have narrow ghetto outlooks. And here is farty old Ed, on some addled punishment trip of the authorities who busted him…for greedy cultivation

    The drug war will never be over at this rate.. and will be Americas’ hundred year war.. and listen up pot goon: there is still 60 more years to go

    Another post here claims Captain Ed suffers from some ailment and has a permit to use marijuana.. so please, what exactly is his life threatening health ailment ?
    Pot exemption permits are rightfully public knowledge – so go ahead and share

    Ed has never mentioned any such exemption on his blog.. during interviews or in any of his many press releases, nor did any of that surface in court when he was charged for criminal cultivation = nor has he written a book about his experiences as a med pot patient

  10. Anonymous on

    Ed we love you mate, keep em comming !

  11. James V on

    The last 3 words are true. Focused responsible citizens. Maybe the facts should be straight. I don’t think there’s anything reason to bash ED. He seems logical to Focused, responsible citizens. Mr.Anonymous your weak pathetic and have no compassion for the sick and suffering. You should know that Cannabis is a possible cure for cancer. Mr. Anonymouse you must love CANCER. I think your time would be better spent at the hospital with the sick and suffering then bashing ed all the time. Keep up the good work Ed you made a difference in this world for the better. PEACE!!!

  12. Anonymous on

    I don’t think Ed actually reads the comments here but some have been pretty snide lately. Ed isn’t harming anybody. He has medical conditions that require Cannabis and he has an exemption. As long as he doesn’t start selling bongs or weed flush drinks or agrees to run a big grow op for somebody like he did before, he’ll be free.

    Cut the guy a break, for Chisakes. For all anyone knows he could drop dead tomorrow. Yes, his glory days are over but he still has things to say and some people find them worth reading. If you don’t then just don’t look at his blog again. You don’t need to insult the guy just because he’s an easy target. I don’t think he has a mean bone in his body so why the fuck do you want to kick him? Go kick your grandad instead. Maybe that’ll make you feel good.

  13. Anonymous on

    Don;t you have a bunker to retreat into Ed ?
    the feds will be closing in on you soon
    and taking down all the sham med pot growers

    Its a sickness that Californias’ economy
    is being poisoned and weakened by drug cultivation
    while real Americans are working, building and dreaming
    as your underground parasites glorify muddy intoxication
    Sure its all fun and games right now,
    and lots of big talk of punishing the judges and cops
    after the drug war is over–
    but when the cops come for you this time old fellah
    they will spank your sorry old ass in court
    then take you away in chains
    for a much needed two – five year supervised detox
    in the seniors wing of a California state prison

    Go ahead and dismiss all this but it isn’t going away
    America does not welcome your stoner vision for the world
    which needs more, not fewer, sober focused responsible citizens