Marijuana lawsuit dismissed

Coweta County Superior Court Judge Dennis Blackmon on May 29 issued a full dismissal of the lawsuit against the Senoia City Council brought by Senoia resident Don Rehman over his interpretation of a city ordinance dealing with misdemeanor possession of marijuana. Blackmon in the dismissal called Rehman’s case the most ridiculous thing he had ever heard in court.

Rehman in the March 15 court filing said the city ordinance essentially mandates that males are required to be in possession of more than an ounce of marijuana to be considered law abiding citizens. Possession of less than an ounce is handled through the local court as a misdemeanor while possession of more than an ounce is a felony under state law.

Rehman contended that the wording of the ordinance essentially mandates that all males within the city limits must have in their possession one ounce or more of marijuana. Obeying the ordinance as written would make criminals out of law abiding citizens, the suit said.

Judge Blackmon in his remarks near the end of the May 29 proceedings did not agree with Rehman’s logic.

“Are you telling me that I am here and you’ve got me here, and you’ve got all these people here to explain to you what the Senoia ordinance means when it says you can’t possess less than an ounce of marijuana? Are you seriously telling me that that’s why I am here listening to this case?” Blackmon asked.

“Let me tell you something, you have wasted this court’s time,” Blackmon continued. “You have wasted all these people’s time. I do not know what possessed you to come into this court with something this ridiculous. This is the most ridiculous thing I have ever had in court, ever.”

With those and other remarks, Blackmon dismissed the lawsuit in its entirety.

Attorney Drew Whalen representing the Senoia City Council had no comments after the ruling.

For his part, Rehman disagreed with the court’s findings, saying he would “appeal this matter to the Georgia Supreme Court.”

“I respectfully believe that (Judge Blackmon) made an error by dismissing my civil action; and (Blackmon’s) determination of the grounds for dismissal were not in consonance with a June 8, 2009 Supreme Court of Georgia decision on petition for mandamus matters, which the court had in hand when it made its ruling on May 29, 2013,” Rehman said Thursday.

Rehman said the lawsuit was filed to, “fulfill a commitment I made to the people of Senoia, when I ran for Senoia City Councilman in 2011. I promised during that campaign that I would seek revision/repeal of Senoia ordinance 46-7 marijuana possession.”

Jose4
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Religious marijuana legal soon in Georgia

Religious marijuana will be legal in soon in Georgia. For three years, the Feds have been trying to get a plea bargain from Roger Christie of the THC Ministry in Hawaii. Christie has been held in Federal prison without bail for over three years awaiting trial. A couple weeks ago it was ruled that Christie was sincere and could use the Religious Restoration Act of 1993 as a defense (how gracious of the Feds.)

Since Christie was not broken after three years in prison while being deprived of visitation from his wife, chances are that he will not give in to what many see as outright torture.

The outcome will either be legal religious marijuana nationwide or martial law, I give it a 50-50 chance either way.

The Church of Smoke in Fayetteville would be happy to have Rehman as a member.

Gort
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Religious marijuana! Holy Smokes?

Religious marijuana! Holy Smokes?

rolling stone
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Holy Smokes?

Sure, just smoke the hell out of it.

Husband and Fat...
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Jose , is your last name Horgan?

Please go back to the smoke room at DDV.

thcomments
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bladderq

You have been hitting the weed too much! Your opinion is as ill-conceived as that of Mr. Rehman. The city ordinance is about who gets to try the misdemeanor case, city or state, and has nothing to do with legalization of marijuana. While Mr. Rehman seems to intentionally misinterpret the ordinance, you apparently have no concept of what the issue is here. Know what you are talking about before posting your blather!

bladderq
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Progressive thought

The city could also just legalize the possession of less than OZ. Lead the way in decriminalizing a harmless herb.
But, no money in fines for that line of thought. This country has an over 50 year history of a misdirected War on Drugs that hasn't worked and only lead to the US having the largest prison population in the world. If this War being waged was being won then the cost of all drugs would be sky high.

MajorMike
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The Gadfly

I am not an attorney but I have had a fair bit of experience directing my own business and personal legal affairs. That said, I would speculate that if Mr. Rehmon chooses to ignore Judge Blackmon words of warning, he should hire himself a competent attorney.

My take on the legal pathway is that Rehmon's next step would be the Georgia Court of appeals, not the Georgia Supreme Court. If he did not persist in appeal, he could then apply for a "discretionary" rehearing of the appeal. After that he could petition the Georgia Supreme Court to hear the case (which does not guarantee that they would). I do not know if an individual can go to the GSC or if he must be represented by an attorney licensed to practice before that body. There is also the issue of frivolous litigation long before it ever got to that level.

In my NSHO (not so humble opinion), Mr Rehmon's chances of coming out of the appeals process legally unscathed are: Bwahahahahahahaaha!!!! While most city and county entities have always been a little more than reluctant to "take the return shot", Mr. Rehmon really appears to be begging for it.

thcomments
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MajorMike - Wasting your time

Based on this article and other articles in both this newspaper and others, you will find your advice a lost cause. It appears to me that this man displays no "common sense" (the judge's phrase) when it comes to any challenge to his opinion. In one quote from another article, he states his appeal is "not because I am stubborn and refuse to admit local defeat". Past history demonstrates otherwise.

If you 'google' Mr. Rehman, you will find multiple instances of similar frivolous and/or ludicrous accusations and assertions. Had you attended some of the Senoia council meetings, you would have had ample opportunity to witness his skewed thinking. Your google search will also show some prior history (check out http://www.ccfj.net/PProse.htm ) and his self-serving website www.whistleblowing.com.

You will also notice that he is not an attorney, yet he 'knows' that the city atttorney AND the judge are wrong, so he will seek 'divine intervention' from the Georgia Supreme Court.

LOL

thcomments
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calling my old friend re0046

In your response to the previous article on this lawsuit, you stated
"what will you be saying then - attacking the Court System next.
Life must be fun for you folks - attacking someone or something
day after day. Why not think positive for a change - get a life
and be happy again!"
Maybe you should be targeting this comment to your dear friend Mr. Rehman! From the article above, it is apparently he who needs to "get a life" as he is the one who is "attacking the Court System next."

Also, note that based on the judge's comments, he agrees with 12btrue (from the previous article) that it is Mr. Rehman who set out to "make a mountain out of a mole hill!"

So, after having been 'schooled' by a legal expert (Attorney Whalen) and a judge (Judge Blackmon) that he is wrong, this man is still going to "appeal this matter to the Georgia Supreme Court"? What arrogance!

12bTrue
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12BTrue

Can you possibly imagine what could have occurred if this guy ever got into public office? OMG, are you kidding me!!!!!

Social Realist
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Calling a spade a spade

The public, the Senoia government, and now the County are all providing identical responses. This frivolous lawsuit was filed for political purposes. When the "so-called" political promise was made did he forget to notify the public that it would be on our "dime"? I hope the intended meaning of the "Gadfly" remark can now be put to rest. A simple annoyance made to harass and intimidate others for one's own personal benefit.

As with Socrates (no mental comparison), this ruling should be viewed as Rehman's hemlock.