Court Support For Nathan Archer
| By Americans For Safe Access | Published January 26, 2010 |
As part of the ongoing war against medical marijuana in San Diego waged by the District Attorney Bonnie Dumanis, Nathan Archer was arrested in 2006 and charged with cultivation of 98 plants and 1.7 pounds of dried cannabis. Nathan, who suffers from chronic pain as a result of a past injury, was cultivating the medicine for himself as well as four other patients.
In Nathan Archer's case, Superior Court Judge Kerry Wells used SB420 numerical plant limits to instruct juries on both the cultivation charge, and possession. As a result Nathan Archer was convicted on all 4 counts.
In a later decision by the 4th District Court of Appeal, a part of the ruling was reversed that had to do with the plant limits, as the court found that the limits were unconstitutional and that the state constitution does not allow the legislature to amend voter initiatives, unless the initiative itself expressly allows it.
Archer's cultivation conviction stands, and Mr. Archer is being forced to register as a Drug Offender. He has refused to register as such and as a result is threatened with having his bail revoked. On December 15th of 2009, Judge Szumovski allowed Nathan to hold off on registering as a drug offender while part of his case is on appeal, on January 26, Nathan goes back in front of Judge Szumowski. He is ordered to appear in San Diego Superior Court on December 15th at 9am in Department 12 for a Bail Revocation Hearing.
Below is an article from the union tribune, detailing Mr. Archer's case and historic 4th District Appellate Court Decision:
http://www.signonsandiego.com/news/2009/nov/19/more-medical-marijuana-front/
Eugene Davidovich
San Diego Americans for Safe Access
| Date: |
Tuesday, January 26, 2010 |
| Time: | 9:00 AM |
| Address: | San Diego Federal Court House get directions |
