Eviction over pot plants gets attention

Eviction over pot plants gets attention

There are 32 comments on the Silver City Sun-News story from Oct 24, 2008, titled Eviction over pot plants gets attention. In it, Silver City Sun-News reports that:

A paralyzed Silver City woman who is being evicted from her apartment for growing medical marijuana is getting attention from the American Civil Liberties Union.

Join the discussion below, or Read more at Silver City Sun-News.

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schavez

Silver City, NM

#2 Oct 24, 2008
There was a man who was convicted and sent to prison for using marijuana for medical purposes, he also used a ventilator and when he got to prison they did not have adequate medical facilitation for him and they allowed that man to die. So my advice to you would be to be very careful. Get a lawyer and get a good one. The FDA legalized ciggarettes and alcohol and that is so much worse than marijuana and also there are sooooo many legally prescribed medications out there that are extremely harmful for the system of the human body, and for the non marijuana smoker they would never know that marijuana would be sooo much better for them than say a vicodin that causes severe addiction and liver failure with the very first pill, at least marijuana is herbal and doesn't cause liver failure. That apartment complex cannot evict someone for using a legally prescribed medication, it would be the same as evicting someone for taking a legally prescribed antibiotic or pain remedy. The laws are changing leaning toward medical marijuana use and the owners need to read the new law is all. It is no longer considered an illegal drug if it is prescribed for medicinal purposes, legally by a physician. The law just recently changed evidently the owner didn't know that. If I were that woman not only would I fight to stay right where she is at and fight them every step of the way for things like eviction without notice ect. Renters rights are being violated more in this situation because the substance is no longer considered illegal if it is medically prescribed, also she is liscenced to grow. It is the lack of knowledge of the owner of the property that will cause the property owners to be counter sued and in the end will hurt them more than evicting her would help them. I hope she stays where she is and not only do I hope she wins I hope she wins big. Prohibition should be against the law and I am living for the day when marijuana is legallized even for recreational use, its better than a ciggarette, It is not any worse than an alcoholic who lives in those apartments, I guarantee the alcoholic has much worse dt's than someone smoking marijuana. I would grow it sell it, do it all, I would do it all, I would own a shop just selling marijuana and different strains and food mixtures and add it to my trail mix even if I could, sprinkle it on my pizza if it was legal. I would wave a serious banner. In california they have vending machines where you punch in your little card and out pops your months medication. I hope they legalize it to the max! All that can be legal about marijuana should be legal.
Kathyo

Pascagoula, MS

#3 Oct 24, 2008
This usage is completely legal and should be allowed by the apartment complex. Give your big-brother tactics a rest.
Another resident

Albuquerque, NM

#4 Oct 24, 2008
As a fellow resident at the Silver Cliff Apartments, it's my opinion that the onsight landlord has a personal vendeta against Ms. Wooten. The landlord is in her early twenties and thrives on being able to "boss" people around. I would venture to say, 80% of the tenents have had problems with the landlord but are terrified to get on her bad side. She's the type that will find a way to evict you if you make her mad.
Another resident

Albuquerque, NM

#5 Oct 24, 2008
I don't know why it said I was from Denver. I swear, I live in Silver.???
Joseph

Farmington, NM

#7 Oct 24, 2008
Another resident wrote:
As a fellow resident at the Silver Cliff Apartments, it's my opinion that the onsight landlord has a personal vendeta against Ms. Wooten. The landlord is in her early twenties and thrives on being able to "boss" people around. I would venture to say, 80% of the tenents have had problems with the landlord but are terrified to get on her bad side. She's the type that will find a way to evict you if you make her mad.
Vendettas,(proper spelling), and harassment works both ways. Sounds like jealousy to me. How immature. If you were to be HONEST you would admit that notice was given to all tenants. Believe me, quite a few who live there will chime in on the notice thing and lies will be exposed.
Joseph

Farmington, NM

#8 Oct 24, 2008
Gil Westrum wrote:
I would urge one and all to contact the on-site property manager, Tashanda Gaines‚ to let her know how compassionate human beings feel about her Gestapo tactics. Contact information here:
http://www.silvercity.org/search_detail.php...
David Kotin should fire her immediately.
Looks like someone here could be liable for encouraging illegal harassment. Gestapo tactics? Takes one to know one I guess.
Joseph

Farmington, NM

#9 Oct 24, 2008
Judging from the pictue in the paper she does not look like she is in alot of pain at all. More like she's happy to be causing trouble.
IQmonitoring

United States

#10 Oct 24, 2008
One thing you can't hide is your IP address and that's attached to your location...So, is it snowing in Colorado? Why don't you look out the window and tell us. Funny how you claim you know about this complex or, are you just spreading stories via someone who lives there---perhaps maybe Ms. Wooten herself?
IQmonitoring

United States

#11 Oct 24, 2008
Another resident wrote:
I don't know why it said I was from Denver. I swear, I live in Silver.???
Just so you know this was meant for you...

One thing you can't hide is your IP address and that's attached to your location...So, is it snowing in Colorado? Why don't you look out the window and tell us. Funny how you claim you know about this complex or, are you just spreading stories via someone who lives there---perhaps maybe Ms. Wooten herself?
IQmonitoring

United States

#12 Oct 24, 2008
I would urge one and all to step back and remember there is ALWAYS TWO SIDES TO A STORY!
Remember, Ms. Gains is the manager and she is following policy’s set in place by the property owners and state laws regulating rentals. Do any of you go to work and decide you’re not going to follow company policy or your boss’s instructions? Anyone owing a rental community and leasing retains a full time attorney. I’m sure that he or she would have been consulted on this eviction.

Here’s my question; if 80% of the tenants who live there are unhappy then why are they still there? Every complex has it’s problem people---you know, the ones who think they can trash the place, don’t have to follow any rules, etc…I know, because I live in one that has over 300 units and our manager is hated by many too. Some of the tenants think she should be fired as well. So, I guess my manager and Ms. Gains are both doing their jobs. If legal action is taken on this issue with Ms. Wooten then it would be David Kotin, who proceeds with it. Ms. Gains is simply caught in this middle of the situation.

While I appreciate and sympathize with Ms. Wooten’s condition, I feel it’s unfair for everyone to blame Ms. Gains and accuse her of being vindictive. That’s quite a smearing accusation! No one is perfect so why not give Ms. Wooten some credit in this debacle too. How much has she added to the flames that we see burning here? Until we get the whole story, from both sides, let’s not lay the blame at the door step of a young lady who’s just trying to do her job.
Steve

Farmington, NM

#13 Oct 24, 2008
Gil Westrum wrote:
I would urge one and all to contact the on-site property manager, Tashanda Gaines‚ to let her know how compassionate human beings feel about her Gestapo tactics. Contact information here:
http://www.silvercity.org/search_detail.php...
David Kotin should fire her immediately.
Interesting how you use the word compassionate and in the same breath encourage harassment of some one. What hypocrisy. I agree with Joseph.
Gil Westrum

Danville, CA

#14 Oct 24, 2008
I think there's a distinction to be drawn between "encouraging harassment" and attempting to stop a grotesque miscarriage of justice, but then the law does seem to cater to the interests of those who live on rent and interest income, at the expense of crippled charity cases. At any rate, this interface does not allow me to delete my previous comment, so you'll have to request that it be moderated by hitting the "Report Abuse" button if it seems that wrongheaded to you.

Speaking of wrongheaded, the comments of "Joseph" here seem just that way to me. Anyone who has used marijuana for chronic pain knows just how effective it can be, and how much less debilitating (and expensive) it is than the pharmaceutical goofballs ladled out by the medical-industrial profiteers. If my anger toward Ms. Gaines seemed to exceed a reasonable level, it may be because I know what it's like to spend 13 hours straight on my feet with agonizing kidney stone pain that makes lying down impossibly uncomfortable. Medical cannabis (oral) alleviated those symptoms within 15 minutes, as well as nausea, at a time when I couldn't even keep water down.

I am far from unsympathetic to the larger position of property owners and managers, but this story exemplifies types of injustices that will only be perpetuated if people do not speak out against those who callously abuse their positions of managerial responsibility.
Joseph

Farmington, NM

#15 Oct 24, 2008
Gil Westrum wrote:
I think there's a distinction to be drawn between "encouraging harassment" and attempting to stop a grotesque miscarriage of justice, but then the law does seem to cater to the interests of those who live on rent and interest income, at the expense of crippled charity cases. At any rate, this interface does not allow me to delete my previous comment, so you'll have to request that it be moderated by hitting the "Report Abuse" button if it seems that wrongheaded to you.
Speaking of wrongheaded, the comments of "Joseph" here seem just that way to me. Anyone who has used marijuana for chronic pain knows just how effective it can be, and how much less debilitating (and expensive) it is than the pharmaceutical goofballs ladled out by the medical-industrial profiteers. If my anger toward Ms. Gaines seemed to exceed a reasonable level, it may be because I know what it's like to spend 13 hours straight on my feet with agonizing kidney stone pain that makes lying down impossibly uncomfortable. Medical cannabis (oral) alleviated those symptoms within 15 minutes, as well as nausea, at a time when I couldn't even keep water down.
I am far from unsympathetic to the larger position of property owners and managers, but this story exemplifies types of injustices that will only be perpetuated if people do not speak out against those who callously abuse their positions of managerial responsibility.
I'm not saying I don't have sympathy for yours or Ms. Wootens condition. I have met people in your situation and totally agree. I do have a problem with someone telling untruths to try to gain an advantage, just look at our politicians. I also have a strong dislike for people who advocate harassment and violence toward someone who was following the advice of their superiors. If you were honest with yourself and just look around, most of society has the same HEART CONDITION as Osama bin-Laden. Lie and KILL people. In MS. Wootens case, not physically but with words. You notice in her interviews she keeps mentioning the manager, the manager WAS NOT the one who found the plants. She also keeps saying "she broke no laws". Yes she did, federal law.
Country Boy

Silver City, NM

#16 Oct 24, 2008
I am absolutely sympathetic with Ms. Wooten's situation. However, after visiting with a former federal prosecuting attorney -- who by the way also supports Ms. Wooten -- he pointed out that if that apartment complex was in any way financed with federal funds (HUD), federal law overrules state law. How unfortunate for Ms. Wooten if this is the case. And, of course, the federal courts and the DEA and other U.S. law enforcement agencies will enforce federal laws.

But, if I were her, I would absolutely refuse to leave my apartment until she gets due process. She is entitled to her day in court. Her case would most likely generate national -- even international -- publicity. I certainly would not want to be the corporate property owner and experience

the wrath of people from all over the nation and world for its lack of compassion and understanding of Ms. Wooten's pain and suffering.

The corporate owner's only defense would be it is simply enforcing federal rules and regulations that are tied to receiving federal financing to build the apartment complex. What's scary, though, is that the company might just win the case. Hopefully, however, their attorneys will encourage them to back off and allow Ms. Wooten to remain a tenant of Silver Cliff Apartments. Is it really worth it to them to evict a wheelchair-bound parapalegic who has been legally licensed in New Mexico to grow marijuana plants for medicinal purposes only?

Come on Silver Cliff Apartments and Kay-Kay Realty, do you really want to push this case to trial? Is it worth all the bad publicity and ill will that you will be receiving throughout this ordeal if it is allowed to continue? Withdraw the eviction notice before it's too late!
10th Amendment

Lake City, CO

#17 Oct 24, 2008
Country Boy claims, "She also keeps saying "she broke no laws". Yes she did, federal law."

Sorry Country Boy, but the 10th Amendment is part of the Supreme-Federal Law of the Land, The U.S. Constitution; and the 10th is crystal clear that issues not spelled out in the rest of the Constitution -- like health issues -- are areas of State Sovereignty. The federal law that you speak of, the Controlled Substance Act, was not intended to restrict or interfere with a state's right to decide its own heath issues.

So, according to a strict interpretation of the Constitution, this woman is legal in State and Federal terms. Though certain organizations, like the DEA and the ONDCP, continue to violate the Constitution, as they continue to subvert states' rights and states' medical marijuana programs.

Why is the ACLU just "watching it"? Any other organizations or local attorneys with an investment in freedom and defending the Constitution want to help this poor woman? Someone should slap this Land-LORD with a few lawsuits and re-explain the law and the Constitution to her.
10th Amendment

Lake City, CO

#18 Oct 24, 2008
IQmonitoring,

The Constitution also trumps the landlord's policies.

This legal medical marijuana user should sue the pants off the landlord, unless the landlord backs off.

Oh, and I AM in Colorado. Are you trying to intimidate people and restrict free speech with your IP spiel? Real nice.
Joseph

Farmington, NM

#19 Oct 24, 2008
10th Amendment wrote:
Country Boy claims, "She also keeps saying "she broke no laws". Yes she did, federal law."
Sorry Country Boy, but the 10th Amendment is part of the Supreme-Federal Law of the Land, The U.S. Constitution; and the 10th is crystal clear that issues not spelled out in the rest of the Constitution -- like health issues -- are areas of State Sovereignty. The federal law that you speak of, the Controlled Substance Act, was not intended to restrict or interfere with a state's right to decide its own heath issues.
So, according to a strict interpretation of the Constitution, this woman is legal in State and Federal terms. Though certain organizations, like the DEA and the ONDCP, continue to violate the Constitution, as they continue to subvert states' rights and states' medical marijuana programs.
Why is the ACLU just "watching it"? Any other organizations or local attorneys with an investment in freedom and defending the Constitution want to help this poor woman? Someone should slap this Land-LORD with a few lawsuits and re-explain the law and the Constitution to her.
Again the landlord or, manager, is caught in the middle. She was just following orders. Something else everyone is overlooking, she is breaking state law. The state DWI laws every time she gets into her car. No different from alcohol. Period.
10th Amendment

Lake City, CO

#20 Oct 24, 2008
Excuse me, it was Joseph, not Country Boy, who claimed this legal medical marijuana patient was breaking federal law. Sorry.

Sue, Sue, Sue, and Sue some more.
Joseph

Farmington, NM

#21 Oct 24, 2008
10th Amendment wrote:
Country Boy claims, "She also keeps saying "she broke no laws". Yes she did, federal law."
Sorry Country Boy, but the 10th Amendment is part of the Supreme-Federal Law of the Land, The U.S. Constitution; and the 10th is crystal clear that issues not spelled out in the rest of the Constitution -- like health issues -- are areas of State Sovereignty. The federal law that you speak of, the Controlled Substance Act, was not intended to restrict or interfere with a state's right to decide its own heath issues.
So, according to a strict interpretation of the Constitution, this woman is legal in State and Federal terms. Though certain organizations, like the DEA and the ONDCP, continue to violate the Constitution, as they continue to subvert states' rights and states' medical marijuana programs.
Why is the ACLU just "watching it"? Any other organizations or local attorneys with an investment in freedom and defending the Constitution want to help this poor woman? Someone should slap this Land-LORD with a few lawsuits and re-explain the law and the Constitution to her.
Now days The ACLU stands for American Criminal Liberties Union. They no longer fight for some AMERICAN who has been wrongly accused. If Ms. Wooten was an illegal they would have been at her door in a heart beat.
Joseph

Farmington, NM

#22 Oct 24, 2008
10th Amendment wrote:
Excuse me, it was Joseph, not Country Boy, who claimed this legal medical marijuana patient was breaking federal law. Sorry.
Sue, Sue, Sue, and Sue some more.
I was not the only one that said that.

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