Judge defends marijuana sentence;
Jack Delaney imposed a gag order on political activist Bob Newland
By Kevin Woster, Journal staff | Sunday, July 26, 2009
Circuit Court Judge Jack Delaney had given plenty of thought to his sentencing options by the time he arrived in court July 6.
It was a fairly typical charge but a not-so-typical defendant: Bob Newland.
The well-known public advocate for the legalization of marijuana for medical purposes had previously pleaded guilty to felony possession of the drug. And Delaney wanted to make the sentence sting without imposing an unduly harsh prison term on a 60-year-old man with a relatively clean criminal record.
So in essence, he told him to shut up for a year about one thing: medical marijuana, and an ongoing campaign to bring the issue to another public vote in 2010.
Delaney sentenced Newland to one year in Pennington County Jail but suspended all but 45 days under a set of stipulations that included weekly drug tests, random searches and a one-year ban on public advocacy for medical marijuana.
Here's where this story gets even weirder.
Judges being unelected by nature are less apt to care about popular opinion unlike what you would assume with elected officials.
Of course we all know that doesn't stop many politicians from ignoring our will.
Picture above is of South Dakota State Senator, Stan Adelstein, who was quoted in the comments section. We attempted to contact Mr. Adelstein's Senate office to confirm that those were indeed his comments, we couldn't reach anybody, no answer, an overfilled voice mail, at his senate office this afternoon, 2pm EST. With no email contact on SD senate website. Not easy to reach today.
He allegedly had this to say.
"Judge Delaney was absolutely correct. To characterize Newland as an advocate for the legalization of marijuana for MEDICAL purposes is untrue. He is only interested in making marijuana available for his friends and others for recreational purposes, and perhaps financial gain.
I met with him at the Capitol in Room 411, (or maybe 412) during the session to offer, to assist for MRDICAL purposes in a Bill, as Chair of Health and Human Services. I said that I would only do so if there were 3 (three) simple changes in the legislation he was proposing.
1, There would be a required prescription from and MD legally authorized to issue drug prescriptions
2.The prescription could only be given if either there was no FDA drug that would accomplish the same as the marijuana or that drug cost three more times the cost of the pot.
3. The marijuana could only come from one or two sites approved and inspected by the SD Dept of Health
He and his friends in the room flatly rejected all three saying that anyone could grow the stuff for anyone else at any time that it was needed
I walked out of the room, knowing that they had no true interest in the help for people with pain and/or suffering. I of course opposed their bill vigorously and it did not even get to the House floor.
Newland is and should be treated as a common felon. The Judge was correct from stopping his phone posturing, I only wish that it was for more than a single year.
Stan Adelstein, State Senator District 32"
81% of South Dakota's voters support medical marijuana. Going by the poll numbers and the comments left on the article at Rapid City Journal website, seems Stan Adelstein might have just lost some voter support.
Why would he take that risk?
Might it have something to do with comments like this from Bob Newland?
In a public address in 2002, So. Dak. Rep. Stan Adelstein of Rapid City said, after being asked to do just that, "I know the marijuana laws work because only one of my three sons smoked pot. They didn't because it is illegal. I know because they told me so." Adelstein was considered by many to be the "conscience" of the legislature, largely because he was the richest member thereof. Even if two-thirds of his progeny were "drug-free", the other one-third puts his family squarely in the main-stream of having a member whom committed the criminal offense of attempting to feel better using a non-governmental-approved method.
Is it just me or do you have a sneaky suspicion that Judge Delaney and Senator Adelstein are friends?
A couple of old Army buddies?
Link to Judge Delaney's bio; 23 year US Army Veteran/SD National Guard
Link to Senator Adelstein's bio; US Army Veteran/SD National Guard
The good ole boy network?
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