Out to the universe

What happened to Jose Gutierrez from the Oaksterdam case?

—A Different Jose

Good news. Jose was found guilty of assault on a federal officer after being arrested at the Drug Enforcement Administration’s raid on Oaksterdam University in 2012. The charges carried a potential term of eight years, but the feds really only wanted him to do about a year. Gutierrez’s lawyers (E.D. Lerman and J. Tony Serra) argued for no jail time, stating that the beating he received at the hands of the feds during his arrest was punishment enough. Judge William B. Shubb seemed to agree with his lawyers, stating that Gutierrez “was dealt with severely, and injured more than the injury he inflicted.” The judge also said he didn’t think straight probation would be sufficient and that house arrest wasn’t appropriate, either, because “sitting at home is no punishment.”

Gutierrez was sentenced to five years probation and 300 hours of community service at the Oakland Public Works Agency. When I talked to him a few days after the sentencing, he said, “About a week before the sentencing, a friend of mine asked me what I thought the best possible outcome could be. I thought about it, and told him that if I could get 300 to 500 hours of community service and walk out of the courtroom, that would be the best. I guess I put it out to the universe, and it came back to me.”

How is the battle against growing bans going?

—Johnny Outdoorseed

It’s a bit of a mixed bag. Out in Tuolumne County (I spelled it right on the first try), the planning commission just recommended that a proposed ordinance to ban dispensaries, outdoor grows and many indoor grows be sent to a committee for rewrite. Many medical-marijuana patients spoke against it. See what happens when people show up and participate? The meeting is scheduled for February 4. Be there.

The city of Live Oak in Sutter County has banned all medical-marijuana growing. That ordinance has been upheld in court. Out in Fresno County, the board of supervisors passed an ordinance banning all growing of marijuana in unincorporated parts of the county. Marijuana-activist lawyer Joe Elford has already filed to appeal the Live Oak ruling to the California Supreme Court and he says that Fresno could also be looking at a lawsuit. “Fresno County is now inviting a legal case against them,” he told The Fresno Bee in an interview. “It’s hasty action that could end up costing taxpayers money.”

Remember that Proposition 215 allows MMJ patients to grow up to 12 immature plants and six mature ones. Prop. 215 is state law. Cities shouldn’t be able to supersede state law. At least, that’s the argument. The reality is that until the state Legislature comes up with some kind of comprehensive medical-marijuana law, we will continue to have these costly court battles. That is, unless stoners get off their asses and vote these city officials out of office. There are three seats up for grabs in the Fresno County supervisor race. The election is June 3. Perhaps the MMJ activists there can find a suitable candidate. Vote.