By: Eugene Davidovich
Tiffani Kjeldergaard a legitimate medical cannabis patient in January of 2009 was sentenced to probation on a non drug related offense. She continued to use her legal medication and tested positive for THC on drug tests conducted by the probation department until June of 2009, when the probation department decided to stop by her house for a safety check.
As with any medical cannabis patient, they found medical cannabis. Tiffani had some dried cannabis, 7 immature plants, several bongs, pipes, and medical cannabis magazines which the police totaled at $12,000, and at that time sent out a press release announcing a great bust.
The policed seized all the property and took Tiffani to jail on charges of violating her probation.
Although under pressure by the District Attorney and her Public Defender to agree to a plea deal where she would be sentenced to three years in jail, Tiffany did not waiver. She refused to bargain with the DA and fired her public defender that was encouraging her to stay in jail and take a deal.
She maintained to the prosecution and her public defender that it is in fact legal. She conducted her own research at the jail law library, hired a private attorney, presented to him the appropriate cases to cite, and after a court hearing where the evidence was presented, was released from jail. Not only did the judge release her from jail, but he also changed the terms of Tiffani’s probation to allow her to use medical cannabis and ordered her bongs, pipes and marijuana magazines to be returned.
Shortly after her release and change of probation conditions, Tiffani arrived to her probation officers office to present her doctor’s recommendation, only to learn that the probation department thought the recommendation was no good without a San Diego County Medical Marijuana Card to go along with it. She was told that everyone who is on probation and is a medical marijuana patient is now required to also obtain a county card.
Wanting to both be compliant with the system, and to continue to assert her rights as a patient, Tiffani got her county card, brought it back to her probation officer and received the green light to be able to medicate.
On January 19, 2010, Tiffani finally received her bongs, pipes, as well as some medical marijuana literature seized in the raid. After receiving her property back from her probation officer, Tiffany said “This is a huge win for us”.
Her public defender is currently filing a motion for the return of her medicine and plants.
Last month, San Diego Americans for Safe Access caught up with Tiffani to discuss the details of her situation, the interview with Tiffani can be seen here:
http://www.youtube.com/watch?v=uHTFH7yFyDM
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