San Diego’s Victor Marion was sentenced to eight months in prison for violating federal law regarding the manufacture of marijuana-based products. To add insult to incarceration, Judge Peter Gallagher scolded him for the throngs of pro-medical marijuana activists who appeared at his sentencing in his defense.
The San Diego chapter of Americans for Safe Access called Gallagher’s comments “a weird and wholly inappropriate display of rage,” and claimed Marion was in tears as he was led out of the courtroom to begin his jail sentence.
“The supporters witnessing the display were members of the advocacy groups San Diego Americans for Safe Access [SDASA] and The Human Solution,” the chapter claimed, “two agencies who routinely provide oversight to courtroom proceedings in medical cannabis cases as is certainly their right and duty. Said, Marcus Boyd, Vice Chair of SDASA, ‘When the DA’s office runs far afield of representing the will of the people it serves and fails in that, citizens must watch and then redress them.’”
In earlier pre-sentencing statements, Gallagher claimed, “Medical Marijuana is not a good business plan, 22-year-old kids are getting doctor’s recommendations for toe fungus and frying their brains on marijuana.” Gallagher also claimed that federal law trumps state law on the issue of medical marijuana with the “Supremacy Clause” in the U.S. Constitution, according to the chapter.
According to California state health code, possession of concentrated cannabis, for which Marion is jailed, is not covered under medical marijuana laws.