November 11, 2008
you all right?
Esau Miller, a long-time complainant about criminal activity at the senior housing facility Church Hill House at Burton and 24th Streets, has been evicted after being caught smoking pot in his apartment:
Officials from Church Hill House, where Miller lives, persuaded the judge to evict Miller after a security guard caught him in his apartment smoking marijuana — a drug Miller says relieves pain from the glaucoma that’s rendered him blind.
One of the residents living in Miller’s East End building was strangled to death in 2006. A second senior was killed later that year, but Miller had been raising a ruckus about safety before the first murder. His complaints caught the attention of Congressman Bobby Scott, Mayor-elect Dwight C. Jones and City Councilwoman Delores McQuinn. Councilman Marty Jewell testified at last week’s hearing.
Some changes have been made to the security system since the killings, but the major changes have been with the building’s management. A new property manager took over in February, and Miller was caught smoking pot by a new security guard making the rounds on his first day.
Miller carries a note in his wallet from his opthamologist. “According to Mr. Miller’s reports to me,” it states, “he has found marijuana to be beneficial in controlling his intra-ocular pressure along with medications that have been prescribed.”
18 Responses to “you all right?”
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Poor guy… when will we wake up and realize marijuana has at least one worthwhile use, controlling pain, and it should be at least legal for that use.
Does anyone know what his options are now? Where is he living?
The full story in Style says he won’t have to leave his apartment @ CHH unless he loses his case on appeal. I recall the same story said the appeal probably won’t be heard till Spring 09.
you have got to be kidding me. this sounds like he is being punished for being an activitist attempting to make his home safe.
well, the management might want to be rid of him, but he has not been evicted–since he still has an appeal.
the bottom line in the judge’s decision is that he was using and in possession of an illegal substance. pot is illegal in all 50 states, no matter what kind of note or “rx” you might have from a doctor.
mr.miller will need a good lawyer and a sympathetic judge for his appeal.
17000 people a year die in drunk driving incidents(i hesitate in calling them accidents)so lets bust blind people for taking their medicine.somewhere the ghost of harry ansliger is laughing his ass off.a weed tax could erase the deficit. hello…… buddycorbett
UnionHill RVA… that isn’t completely true. 13 states have legal Medical Marijuana (Cannabis) Laws:
Alaska
California
Colorado
Hawaii
Maine
Michigan
Montana
Nevada
New Mexico
Oregon
Rhode Island
Vermont
Washington
Arizona and Maryland passed laws that favor medical use but did not pass a bill on it.
And three more (Missouri, Tennessee, Wisconsin) are considering legalizing it. One repost states that not a single government representative had courage enough to bring this up for a vote in Virginia.
Check out this website:
http://medicalmarijuana.procon.org/viewresource.asp?resourceID=881
Eric
eric – marijuana is illegal by federal law for any use. states have their own laws but they are frequently disregarded by federal authorities. marijuana dispensaries in california are often raided by the fbi.
Well it’s about time someone started cracking down on this awful nuisance. It’s high time that we’ed decided on a joint ruling to reffer these hoodlums to the place they are better suited for… the streets. The elderly… get em out of their private housing and make them work for a change. Bringing those horrible drugs into our tax money housing that we trickle down to them. If you ask me… it’s a slap in the face that they think the can walk all over us by minding their own business in their own residents. Fore shame. They will certainly rue the day… on day.
Actually, Eric, I think UnionHill is right – the feds trump state laws regarding pot use, and the DEA has taken stands that have been pretty public, at least in California. I understand what you’re saying, but I think the feds disagree with the state laws.
I rather like buddycorbett’s idea of a weed tax, though. Has merit, might go a ways towards the deficit – but you’d have to get a federal law passed before you could tax it. Make it legal for medical use in all 50 states, then tax it. Used to be a doctor at MCV, Dr. Bill Regelson (sp?) who was totally in favor of medical use of it.
celeste, thanks for clarifying the federal vs state issue regarding how the courts handle pot offenses.
personally, i agree it should be de-criminalized and taxed like alcohol.
damn shame mr. miller is having to go thru this. perhaps his attorney will win on appeal with an “implied consent” argument based on the actions of prior CHH management/staff.
For more information on the marijuana laws in your area, consult National Organization to Reform Marijuana Laws
at NORML.ORG
or your local Virginia chapter at:
Virginia NORML
14 Chester St.
Front Royal, VA 22630
Contact: Ed McCann
E-mail: emccann@vanorml.org
Website: http://www.vanorml.org
This Public service announcement brought to you by Willie Nelson and Carl Sagan.
If you look at the codes, you are allowed a small amount that has been prescribed, not home growing yourself or buying it off the street by the pound. There are distinctions there. Did you read the individual state laws in the link provided and what the penalties are? I am not sure if Feds would trump the State only to have the State provide defense for these people in the end to prove their innocence?
Eric
I’m not sure if he has a prescription.He was a nuisance.
I think the issue is his right to privacy! What right did the security guard have to enter his apartment?
Doesn’t really matter because Virginia is one of the states that doesn’t currently support medical use anyway so any amount is an offense. The codes were posted because someone said it was illegal in “all” states.
Eric
As far as a security guard entering, I would guess it depends on how Mr. Miller’s lease was written up? If the landlord has a written clause you sign off on to enter their property unannounced at any time especially if they suspect a violation. Not sure if this is that sort of case but without reading it who knows?
I do know in years past we have signed such leases at apartments / townhouses.
Always Read the fine print!
Eric
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