cannabisnews.com: DA's 215 Policy 'a Work in Progress' 





DA's 215 Policy 'a Work in Progress' 
Posted by CN Staff on January 28, 2003 at 07:28:11 PT
By James Tressler, The Times-Standard
Source: Times-Standard 
Eureka -- Humboldt County District Attorney Paul Gallegos' new policy for prosecuting medical marijuana users is still in the draft phase.At his inauguration on Jan. 6, Gallegos said he planned to introduce the policy in two weeks. In a message left with the Times-Standard last Friday before he headed out of town for training, the new district attorney said the draft policy has been circulated among area law enforcement officials for their input.
"Generally we consider it a work in progress, a rough," Gallegos said. "The details are pretty much there, but I want to get feedback before it becomes policy."Gallegos, who is attending a training session with the California District Attorney's Association this week, could not be reached for follow-up comment Monday. The details of the new policy haven't been released. Gallegos campaigned for district attorney last year on instituting a more progressive approach to dealing with medical marijuana users, which could mean expanding the legal number of plants registered Proposition 215 patients are allowed to have.Also known as the Compassionate Use Act of 1996, Prop. 215 exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana. The cards are valid for one year, and patients must get a physician's prescription, which the county verifies, before the cards are issued.Humboldt County's Public Health branch has issued just under 400 cards since fall 2001, when the county instituted its program. As of last month, that number had dropped to about 250 people countywide, said Public Health Director Jeff Arnold.County law enforcement officials have often been divided over the issue of medical marijuana and Prop. 215 ever since the state law was passed. During his successful election campaign last year, Gallegos pledged to work with law enforcement to come up with a consistent enforcement approach. Sheriff Gary Philp said he and other law enforcement officials met and discussed Gallegos' new policy last week. Philp said his main concern is developing a consistent policy that has the agreement of all law enforcement agencies so that officers can better focus their energies. Without a consensus policy, Gallegos may decide he doesn't want to press charges in certain cases, but other law enforcement officials may disagree and make arrests anyway, as has happened under past administrations."We want a clear understanding on what's legal, what's not, how to comply, who's eligible," Philp said. "We don't want to be spinning our wheels."Philp said that the medical marijuana community's input on the policy, such as how many plants patients are allowed, is also needed. But he added that he hopes sound medical science is also applied.While Gallegos said he hopes to finish the draft this week, other law enforcement officials said several more weeks' preparation will be needed before it is ready to go.James Tressler covers county government and politics. Source: Times-Standard (CA)Author: James Tressler, The Times-StandardPublished: Tuesday, January 28, 2003Copyright: 2003 MediaNews Group, Inc.Contact: editor times-standard.comWebsite: http://www.times-standard.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmPot in Humboldt County: Climate Attracts Growershttp://cannabisnews.com/news/thread14518.shtmlPot in Humboldt County: Both Sides of The Story http://cannabisnews.com/news/thread14509.shtml
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Comment #1 posted by fivepounder on January 28, 2003 at 09:26:24 PT
definition is what it is all about
The word in the county is 99 plants in a 10x10 space. What really matters is what happens to those medical growers with say oh 10 plants in 1000 sq ft. Or three plants in 300 sq ft. Will he prosecute? Yes they do get that big.
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