Articles - Law Offices of Eric D. Shevin

MEDICAL POT ACTIVIST RETURNED TO JAIL AFTER FAILING DRUG TESTS
April 4, 1998

LOS ANGELES -- Medicinal marijuana activist Todd McCormick was ordered back to jail Friday for violating bail by failing drug tests three times this month.

"Your honor, putting me in jail will serve no one," McCormick said through tears to U.S. Magistrate Judge James McMahon. "There is not justice in this. I didn't use any illegal substances. I am not using marijuana."

Judge Unmoved

The judge appeared unmoved by McCormick's sobs, and even refused to allow McCormick to take his "special pillow" with him when marshals took him into custody.

"I can't believe this," McCormick said, burying his face in his hands as his attorney put his arms around him.

McCormick said the pillow, like marijuana, helps ease the pain of a rare cancer he has suffered since childhood.

His attorney told reporters outside the federal courthouse that the tests were inaccurate and unfair.

"It's absolutely arbitrary and there's no basis to take a man's freedom away from him based on a piece of paper that has conclusions which are unfounded," said Eric Shevin, McCormick's attorney.

Bail Hearing Set

McMahon set an April 22 bail hearing where it will be decided whether McCormick will be locked up until trial and his bail revoked.

McCormick, 27, was awaiting trial for growing marijuana. He pleaded not guilty Nov. 10 and was free on $500,000 bail posted by actor and fellow marijuana activist Woody Harrelson.

Four other people were arrested July 29 when Los Angeles County sheriff's investigators raided a Bel-Air mansion and found 4,116 marijuana plants growing throughout the home and on a deck.

McCormick was ordered not to use marijuana as a bail condition and has been subjected to random drug tests.

Emergency Appeal

Shevin filed an emergency appeal asking U.S. District Judge George King, who will preside over McCormick's trial, to overturn McMahon's decision.

On March 16 a federal magistrate denied his request to smoke marijuana for medicinal purposes while awaiting trial.

McCormick maintains that he hasn't done anything illegal under Proposition 215, passed by California voters in November 1996, since he was using marijuana for medical purposes.

The law allows people to cultivate, use and possess marijuana on a doctor's recommendation for a medical condition. Federal courts have not recognized the state law.

Source: San Jose Mercury News

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