cannabisnews.com: Gray Areas: Conflicting Laws Lead To Arrests





Gray Areas: Conflicting Laws Lead To Arrests
Posted by CN Staff on September 25, 2007 at 08:47:45 PT
By Will Bigham, Staff Writer 
Source: Daily Bulletin
CA -- California voters passed Proposition 215 - permitting the medical use of marijuana - more than a decade ago. In some parts of the state, use of the drug is readily accepted by local governments and police departments, with dispensaries and doctors specializing in marijuana openly advertising their businesses.
Such is not the case in the Inland Empire, where medical- marijuana users, dispensers and growers generally face hostile local governments and police departments. In San Bernardino County, sheriff's deputies are instructed to arrest medical-marijuana users for possession even if they produce a state-sanctioned ID card proving their status as a medical user. Medical-marijuana dispensaries that have opened without the blessings of local governments have been raided, sued and faced with ordinances barring them from those communities. Much of the chaos surrounding medical marijuana in the Inland Empire results from ambiguous state laws, conflicts between state and federal law, and the relative newness of the program.  Following Federal Law Although the laws governing the medical use of marijuana were passed at the state level, they are largely implemented and enforced at the county level. Among local counties, San Bernardino County has the worst record in dealing with medical marijuana, activists say. "I have heard numerous stories about tough cops in San Bernardino County," said Dale Gieringer, director of the California branch of the National Organization for the Reform of Marijuana Laws. "People commonly hear that story from the cops: `I'm going to arrest you and let the courts sort it out. We enforce federal law here."' The federal government recognizes no medical use for marijuana and does not acknowledge California's medical-marijuana program. Senate Bill 420, passed in 2003, established a state system that requires county health departments to issue ID cards to those authorized to use marijuana for medical reasons. Los Angeles and Riverside counties have set up their systems; San Bernardino County has not. The system was designed to prevent medical-marijuana users from being arrested. San Bernardino County does not recognize cards issued by neighboring counties, and sheriff's deputies arrest medical- marijuana users who would not be arrested in Los Angeles or Riverside counties. "The sheriff believes that marijuana is illegal," said Cindy Beavers, a spokeswoman for the San Bernardino County Sheriff's Department. "There is a federal law that prohibits the manufacturing, sale or use of marijuana, and he does not allow his deputies to accept the medical-marijuana cards." Lanny Swerdlow, director of the Marijuana Anti-Prohibition Project, was an early advocate for medical marijuana. The Palm Springs resident is particularly knowledgable about medical marijuana in San Bernardino and Riverside counties. San Bernardino County was ready to issue medical-marijuana ID cards in early 2006, Swerdlow said, but the effort was halted by the Board of Supervisors when the county joined San Diego County's lawsuit against the state, filed because of the medical-marijuana program's conflict with federal law. Patients arrested in San Bernardino County who have a doctor's recommendation are able to present evidence of that in court, said San Bernardino County Deputy District Attorney Michael Abacherli. "As long as they have a doctor's medical recommendation, we do not prosecute those cases, because they are excepted," he said. "However, if the recommendations are not in proper form, or they have more than the allowed amount, then we do (prosecute)." The county's Probation Department takes the position that anyone on probation cannot legally possess marijuana even if they have a doctor's recommendation.  Dispensaries Face Resistance Medical-marijuana users can legally grow marijuana for their own use, but setting up such an operation takes space, time and money that many users do not have. Most depend on other sources. The most common are medical-marijuana dispensaries, which provide products to users who have a doctor's recommendation. Until about two years ago, there were no dispensaries in the Inland Empire. When they started arriving - in Claremont, Pomona, Norco and Corona - they were met with immediate resistance from local governments. In those four cases, the dispensaries initially approached cities, seeking business licenses and were turned away. They were told that no regulations were in place allowing that type of business. "They come and apply for a business license and try to do the right thing, and the city doesn't allow them to," Swerdlow said. Thinking they had state law on their side, the dispensaries opened anyway. All four now are mired in legal battles with the cities in which they opened. The Claremont and Norco dispensaries are closed pending the outcome of court cases. The dispensary in Corona was raided and shut down in July by federal authorities. And the operator of Pomona's dispensary, Dave Touhey, was arrested in June during a raid of his dispensary. As the legal issues hit front pages last year, most local cities passed bans and moratoriums on dispensaries, effectively blocking any possibility of others opening in the area. Most recently - just last week- the Norco City Council approved an outright ban on medical-marijuana dispensaries in that city. The exceptions are Diamond Bar, which allows one dispensary, and Claremont, which in July gave initial approval for a dispensary to open in the city. Abacherli said many of those who run dispensaries claim to be doing so out of compassion. A closer examination of their finances indicates that's not the only reason, he said. "A lot of these people are profiting off of ill people," he said. "We're after the people who are taking advantage of those people, or taking advantage of the laws as they stand on the books right now." Ambiguity Creates Problems In discussing the state's medical-marijuana program, activists, police and government officials can usually agree on only one thing: The state's medical marijuana laws are poorly written. Proposition 215, approved by voters in 1996, stated in general terms that people who have a medical need for the drug can use it legally. The full text of the law runs less than 400 words. State officials quickly learned that the brevity of the law was problematic for medical- marijuana users and police, who in the absence of clear direction from the state were clashing over the most basic rights of medical- marijuana users. A law designed to clarify the proposition, Senate Bill 420, was passed in 2003. It clarified the amount of marijuana a person can possess for medical purposes, and set guidelines for an ID-card program. But much was still missing: guidelines for the operation of dispensaries, and rules for cultivating the drug in large quantities for medical purposes. The ambiguity has allowed cities and counties to selectively enforce the guidelines of the program, medical-marijuana activists say. The dispute is made worse by the state law's conflict with federal law, which is often cited by local governments needing a reason to crack down on medical marijuana. "We believe that the law is poorly written," said San Bernardino County sheriff's Lt. Greg Garland, head of the department's Narcotics Bureau. "It makes it very unclear what's legal and what's not legal. "For people who are trying to work within the parameters of what the state is trying to do for the citizens, it doesn't give them enough direction on how to legally obtain and use marijuana. "On our side of the fence (police), it doesn't specifically state how we determine if somebody is making a profit. How do we show that they are or they aren't?" One apparent casualty of the law's ambiguity is Paul Shaw, arrested in May along with two other men in connection with a warehouse in Azusa that was filled with marijuana plants. In a jailhouse interview shortly after his arrest, Shaw said the marijuana was being grown strictly for medical purposes. It was sold and sometimes given away to only dispensary operators, individual users and caretakers. Darrell Kruse, former operator of a dispensary in Claremont, said he once purchased marijuana from Shaw's warehouse. Shaw and the other men running the grow operation believed that because the marijuana was being distributed only to medical users, they were legally permitted to grow it. But because S.B. 420 does not directly address the limits that can be placed on growing medical marijuana, Shaw is facing felony cultivation charges. Activists say that for dispensaries, there are few other viable alternatives to acquire marijuana, making a large-scale grow operation a natural development in the still-young medical marijuana industry. "There is no such thing as a legal grow house, so of course medical-marijuana dispensaries are getting their marijuana from illegal sources," said Swerdlow. "The government is creating the problem." Staff writer Megan Blaney contributed to this report.  About Proposition 215 The following is the text of Proposition 215: Section 1. Section 11362.5 is added to the California Health and Safety Code, to read: 11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other illness for which marijuana provides relief. (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction. (C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. (2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes. (c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. (d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. (e) For the purposes of this section, primary caregiver means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health or safety of that person. Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.Source: Inland Valley Daily Bulletin (Ontario, CA)Author:  Will Bigham, Staff Writer Published: September 25, 2007Copyright: 2007 Los Angeles Newspaper GroupContact:  letters dailybulletin.comWebsite: http://www.dailybulletin.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #15 posted by FoM on September 25, 2007 at 15:24:46 PT
OverwhelmSam 
I know that I won't ever make it to Europe but it does sound nice. So much to do and so little time. 
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Comment #14 posted by OverwhelmSam on September 25, 2007 at 15:15:57 PT
FoM
Beautiful video, that's cool. I enjoy the holiday season too. If you ever get a chance to go to Europe, visit the town squares of most cities around Germany to see the Kris Kringle marts. So romantic.Please refrain from not smoking!http://www.youtube.com/watch?v=7F24WtEK7Pk
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Comment #13 posted by FoM on September 25, 2007 at 14:22:35 PT
OverwhelmSam
Since Neil won't be touring in our state we are talking about going to see TSO this Christmas Season. I know it's a little early but they are really good. I took down my outside flowers today and my porch looks empty but soon the Christmas lights will take the flowers place! LOL!Trans-Siberian Orchestra Christmas Eve Sarejevohttp://www.youtube.com/watch?v=7iY4Tom6-wM
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Comment #12 posted by OverwhelmSam on September 25, 2007 at 13:58:43 PT
I Haven't Heard of Scotter Either
I just ran across him when I was listening to Supertramp. Evidently he's been around a while, a Russian from Siberia I guess. Don't really like his disco-rapp music but his videos are great.
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Comment #11 posted by FoM on September 25, 2007 at 13:44:01 PT
OverwhelmSam
I am not familiar with the artist but I am familiar with the song. As far as Neil Young goes he is my favorite. I wish the tour was coming to my state because his concert's are amazing to me. Maybe he will tour in the spring in states he usually goes to but missed this time. I will enjoy reading the Rust List witrh the reviews when it starts. Hopefully he will make a DVD but he hasn't even gotten LWW out yet. He is always looking forward and finds it hard to look back I think.
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Comment #10 posted by OverwhelmSam on September 25, 2007 at 13:39:02 PT
FoM
You're welcome, hope it cheered you up. I thought maybe you would like Hurricane by Neil Young better, but that video seemed to go with the other one I posted.
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Comment #9 posted by FoM on September 25, 2007 at 13:17:12 PT
OverwhelmSam
Thank you. 
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Comment #8 posted by OverwhelmSam on September 25, 2007 at 12:02:29 PT
Dedicated to FoM
http://www.youtube.com/watch?v=wX6ZFzidF2I&mode=related&search=I love this guys videos.
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Comment #7 posted by whig on September 25, 2007 at 11:50:42 PT
San Bernardino county
http://en.wikipedia.org/wiki/San_Bernardino_County%2C_CaliforniaSan Bernardino County is the largest county in the contiguous United States by area, containing more land than each of nine states. The county is larger in area than the states of Massachusetts, Connecticut, Rhode Island, and Delaware combined. Any of those states could be replaced in the list by New Jersey, Vermont, or New Hampshire.
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Comment #6 posted by OverwhelmSam on September 25, 2007 at 11:13:58 PT
Here At Canabis News
We Are The Greatesthttp://www.youtube.com/watch?v=rIe2_j0TfT0&mode=related&search=
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Comment #5 posted by dongenero on September 25, 2007 at 09:36:57 PT
videos are intersting
Lots of DEA evidence boxes....looks like it's part time at the DEA headquarters Whooo hooo!It sure looks like government work! You see a bunch of ding-a-ling officers standing around shooting the breeze while meter's running. Your tax dollars at work.
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Comment #4 posted by FoM on September 25, 2007 at 09:24:17 PT
Pictures and Video from Grass Valley
Photo Gallery: Medical marijuana facilities raided Watch latest Grass Valley pot bust videos: • Interview with Mayor Don Kurth - Part 1• Interview with Mayor Don Kurth - Part 2• Dispensary raid in Pomona• Dispensary raid in Corona http://www.dailybulletin.com/grassvalley
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Comment #3 posted by OverwhelmSam on September 25, 2007 at 09:21:32 PT
I Suggest
That the good people of San Bernardino de-elect the Sheriff, District Attorney and Board of Supervisors. What is with these county politicians who think they're God?
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Comment #2 posted by dongenero on September 25, 2007 at 09:11:17 PT
San Bernardino - "Federales"
"People commonly hear that story from the cops: `I'm going to arrest you and let the courts sort it out. We enforce federal law here."'"There is a federal law that prohibits the manufacturing, sale or use of marijuana, and he does not allow his deputies to accept the medical-marijuana cards.For the sake of consistency and logic, I suggest the San Bernardino LEOs should also reject their state issued paychecks and instead, wait for the federal government to pay them.
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Comment #1 posted by Sam Adams on September 25, 2007 at 09:05:40 PT
What is the most profitable industry in the USA?
BIG PHARMA! The most profitable corporations in the United States are SELLING DRUGS!!! So it's wrong to profit, at all, from helping sick patients. But it's OK for cops to earn a fat overtime paycheck by quite literally beating them down.Notice that the reason for these brutal, militaristic raids is always "confusion" or "chaos" from different laws, or "newness" of a 12-year-old law. What about the mean-spirited, sadistic men that work in law enforcement? I guess that has nothing to do with it. Ignore the man behind the curtain!
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