cannabisnews.com: Pot Laws Conflicting, Confusing Pot Laws Conflicting, Confusing Posted by CN Staff on November 16, 2004 at 21:31:03 PT By Claudia Reed, Staff Writer Source: Willits News I prefer we either do away with medical marijuana or legalize it all," District Attorney Norm Vroman told the Willits City Council last week. Pot plants grown for medical reasons, he said, look just the same as pot plants grown for recreational use, a fact that makes his job difficult. To further confuse the issue, Vroman said, the related laws are vague and contradict one another. State Proposition 215 legalizes marijuana usewith a doctor's recommendationfor disorders ranging from cancer to migraine headache "or any other illness for which marijuana provides relief." Patients can legally "obtain" marijuana for their own use or be supplied by a "primary caregiver," defined in this law as "the individual designated by the (patient) who has consistently assumed responsibility for the housing, health or safety of that person." There are no regulations in Proposition 215 regarding how the patient or caregiver may obtain marijuana or how much he or she may be charged for it. The proposition encourages the federal and state governments "to implement a plan to provide for the safe and affordable distribution" of the drug. Pot dispensaries and gardens are not mentioned.The amount each patient can legally receive is not mentioned and is generally assumed to depend on the physician's recommendation. Later legislation on the matter set the limit at six plants per patient but gave individual counties the right to increase the amount. "We set up a policy," Vroman said. "Plants (that fit) under a 100-square-foot canopy, we won't look at if there's a (medical) card." The former criteria, based on the number of small or mature plants, Vroman said, was not precise enough, since plants can vary greatly in size.Federal law, on the other hand, declares marijuana possession, use and salefor any reasonto be illegal. The conflict may soon be resolved by a case before the U.S. Supreme Court."The case is about state's rights," Vroman said. "It's not about marijuana."A brief submitted by California Attorney General Bill Lockyer argues "The federal government has limited authority to interfere with state legislation enacted for the protection of citizen health, safety and welfare." In addition to those two laws, Mendocino County's Proposition 6, which passed with 60 percent voter approval, was meant to legalize possession of up to 25 plants for any purpose. Vroman, county Sheriff Tony Craver, and others regard Proposition 6 as an expression of public opinion, but not as a legal document. A county, they say, may not legally adopt a law less stringent than state law on the same subject. No matter how the question is resolved, laws are only as effective as related enforcement. Vroman told the Willits City Council he lacks the funding and staff to prosecute small-scale marijuana offenses. "People look to me to solve the problem, but I can't solve it," he said. "We have 7,000 to 9,000 cases a year. Crime against people and property is my top priority. Violent crime comes first."By the same token, Vroman would not be likely to help enforce any future Willits ordinance regulating marijuana gardens or dispensaries."Do you prosecute city ordinances," asked Councilman Bruce Burton?"It depends," Vroman said, "on priority, time, staff"Vroman added there was no reason the city could not go to court to pursue its own prosecution.Note: District attorney calls marijuana violations low priority.Source: Willits News (CA)Author: Claudia Reed, Staff WriterPublished: Tuesday, November 16, 2004 Copyright: 2004 The Willits News Contact: editorial willitsnews.comWebsite: http://www.willitsnews.com/Related Articles:City: Pot Gardens are a Problemhttp://cannabisnews.com/news/thread19814.shtmlDA Says Pot Growing Complaints Civil Matterhttp://cannabisnews.com/news/thread19654.shtmlPot Odors Wafting in Valleyhttp://cannabisnews.com/news/thread19470.shtml Home Comment Email Register Recent Comments Help Comment #7 posted by FoM on November 17, 2004 at 14:17:00 PT Dr Ganj Thank you. I think California is the best state in the Nation. I admire you all out there. Thank you for leading the way for the rest of us. I mean that too. [ Post Comment ] Comment #6 posted by Dr Ganj on November 17, 2004 at 14:13:38 PT It's just a matter of time, FoM FoM- Since that mean supreme Rehnquist is ill (and is in need of some tasty buds) we might see a 4-4 vote on Raich v. Ashcroft. If a tie occurs, the lower court ruling stands (9th circuit) and we have legal personal medical marijuana in each state that has voted it in. I know California leads the way in many things, and is expensive, but the price of freedom must be factored in the equation. Just look at that poor guy in Utah in the above post, and you'll see why so many people choose cooler states like California in which to live, and *grow*. Keep up the fine work, FoM! You're doing great!-Dr. Ganj [ Post Comment ] Comment #5 posted by runruff on November 17, 2004 at 14:00:12 PT: Gods gift! Cannabis/hemp is mans companion plant on this planet! That govenments propose that they have anything to say about the subject at all is criminal, period. [ Post Comment ] Comment #4 posted by observer on November 17, 2004 at 09:45:01 PT Police say freedom too difficult for police Police: that makes his job difficult.You know what? Tough. Here's an important principle. Whether or not police say something makes life "difficult" for them, such "difficulty" is irrelevant to our traditional freedoms. Ignore the lying, self-serving whinges of power-ravenous government people, and choose freedom, instead. http://drugpolicycentral.com/bot/propaganda [ Post Comment ] Comment #3 posted by FoM on November 17, 2004 at 09:24:54 PT Dr Ganj We finally have things going the way we want where I live and just don't want to move. I know we couldn't have what we do if we moved to California because real estate is so much more expensive. I want what is happening in your wonderful state to happen in all the states. That would make me jump for joy! [ Post Comment ] Comment #2 posted by Dr Ganj on November 17, 2004 at 09:03:03 PT Mendo, Or Oakland? Humm, where should we all move-Mendocino with the redwoods, hippies & Prop 6, or Oakland where they have Measure Z and a convenient airport to jet off to Hawaii after the huge crop comes in? Decisions, decisions.... [ Post Comment ] Comment #1 posted by john wayne on November 17, 2004 at 01:30:10 PT "legalize it all" That's what I like to hear! [ Post Comment ] Post Comment