cannabisnews.com: D.A. Upping Medical Marijuana Limit to 99 Plants 










  D.A. Upping Medical Marijuana Limit to 99 Plants 

Posted by CN Staff on January 30, 2003 at 18:19:25 PT
By Daniel Mintz, Eye Reporter  
Source: Arcata Eye  

Humboldt County’s legal limit on the amount of marijuana allowed to residents that have prescriptions for it will soon jump from 10 plants to 99, District Attorney Paul Gallegos has announced, and he’ll enact further prosecution guidelines geared toward ensuring patients’ rights. A more direct local translation of Proposition 215, the state’s medical marijuana law, is a “high priority,” Gallegos said. The process of reforming the County’s marijuana protocols is his first – and most attention-getting – move since being sworn in earlier this month. 
Gallegos also indicated that he doesn’t want to prosecute cases that involve small, “personal use” amounts of non-prescribed marijuana. His preference is to target methamphetamine instead. Medical marijuana advocates have long said that the county has been slow and sometimes obstructive in interpreting Prop. 215. The gulf between federal and state laws has been cited by law enforcement officials as a complication, but Gallegos has informed the U.S. Attorney’s Office that he views Prop. 215 as a mandate he must follow. “My job is to enforce state law,” Gallegos said flatly. He’ll also allow up to three pounds of dried buds in addition to growing plants. That allows patients to have a supply of medicine on-hand between harvests. A second but perhaps more salient yardstick for determining legal amounts of medical marijuana will be surface area – Gallegos said patients will be allowed 99 plants, or whatever number fits in a 100-square-foot area, based on canopy measurement. That would theoretically allow a greater or lesser plant number than 99, depending on the size of the plants.Finally, a cap of 1,500 watts will be set for powering indoor grows. Patients’ documentation of their doctors’ recommendations will likely have more weight when shown to police. In interviews, one high-ranking Sheriff’s official has scoffed at using marijuana for conditions like premenstrual syndrome, alcoholism and depression. Gallegos wants those determinations to be forwarded by doctors, not police. “Police shouldn’t ask what prescriptions are for or question their legitimacy,” he said.   Assessing grows The soon-to-be discarded 10-plant limit was set by Terry Farmer, the county’s previous D.A., and patients insisted they couldn’t adhere to it and still have enough medicine to effectively fulfill their doctors’ recommendations. That’s because only female plants produce the buds that patients use as medicine. When plants mature, their sex is determined and the unusable male plants – which make up half of the grow – are separated out. In Farmer’s time, most police announcements of over-the-limit medical marijuana confiscations weren’t taken seriously, as patients insisted that counting immature, unusable plants was unreasonable. Medicinal marijuana reform was a linchpin of Gallegos’ election campaign. He agrees that a 10-plant limit is way too low for adequate medical treatment. Though he specified that his guidelines are in the form of a rough draft, he said he’s already had meetings with law enforcement officials and felt confident enough about the new limits to announce them. “Our job is to ascertain the truth. Citing plant numbers that don’t relate to the significance of the grow is not what we’re after. If the grow is low yield, we’ll want to know that. If the plants are in early growth stages and are non-sexed, we want to assess it that way... ultimately, what we’re interested in is usable product.” Still to be decided, Gallegos continued, are guidelines that delineate the legality of “caregiving,” or the growing of plants for use by one or more patients. Proposition 215’s provisions for caregivers and patients don’t specify limits. Gallegos is also thinking about including some provisions that account for stem and leaf weight in confiscated cannabis. Defining the medicinal use of marijuana in baked goods and production of concentrated “hash” is also under consideration. His intent is to forward guidelines that are more relevant to Prop.215, but limit production enough to avoid federal intervention (the Feds view possession of any amount of marijuana for any reason as a crime, but generally only get involved in cases that involve hundreds of plants). “We’ve got to balance the interest of law enforcement, and we do have to give some deference to federal law so we don’t have the U.S. Attorney’s Office in here prosecuting people,” Gallegos said. “But our position is, police shouldn’t be taking lawful property.” Once finalized, the new guidelines will be put on the county’s website and printed on laminated cards that will be given both to police and patients. Meth, not pot Sheriff’s Department officers have been criticized for disregarding 215 documentation and going ahead with medical cannabis confiscations that sometimes don’t yield charges. Deputies routinely secure search warrants based on presence of odor, in some cases confiscating grows when no one is present and without knowing if the cannabis is used medicinally or not. Gallegos’ imminent guidelines may not motivate police to change those protocols, but when it comes to prosecution, he’ll uphold patients’ rights as a priority, he said. And he has a distaste for some elements of county marijuana enforcement to this point. “Historically, I think, what’s happened is that people’s rights have been disregarded,” said Gallegos. “We need to find a better balance.” A balance between community consensus and law enforcement also needs to be struck, he continued. And he wants to divert enforcement resources away from marijuana and towards elimination of a substance that the community agrees should be targeted – methamphetamine.“I think there will be a re-direction of resources,” said Gallegos. “The U.S. Attorney’s Office knows that this community feels there is greater need for meth eradication. The community’s perception is that we’re spending all our resources on marijuana and turning our backs on meth.” He’s also concerned about a dearth of treatment opportunities. “We led the state in heroin-related deaths and we don’t have a methadone clinic,” Gallegos pointed out. Widely recognized as a drug that allows addicts to wean themselves off heroin without debilitating withdrawal symptoms, methadone could save lives here, he said. “Marijuana is such a low priority in light of other concerns,” Gallegos continued. Non-medical reforms  The prosecution standards of unprescribed marijuana will also change. Gallegos acknowledged that cases involving smaller amounts of so-called black market cannabis are prosecutable, but he said “the question is, do we want to proceed on them?” They soak up too much of the county’s limited law enforcement resources, Gallegos believes. He suggested that modest possession isn’t worth the effort in a community that doesn’t view it as a pressing problem. “This office has been filing cases on people who only have a couple of joints on them – the question is whether we should be doing that.” Asked to answer the question, Gallegos said prosecuting personal use amounts is “ridiculous – I don’t think we should be doing it.” The Arcata alternative  That philosophy contrasts the way things are done in Arcata, where site-specific police campaigns at the City’s downtown Plaza and in Redwood Park hinge on low-level marijuana arrests, usually of homeless youths that are said to be harassing residents. Small-scale marijuana arrests are also generally common in Arcata. In one case, an Arcata officer arrested a woman for marijuana possession based on the presence of residue in a confiscated glass pipe.Some residents believe that the Arcata City Council should approve an ordinance that defines marijuana as a low enforcement priority. And after a new police chief was hired two years ago, patients grasped for clarification of City policy when a municipal I.D. card program was apparently shelved. But despite an early commitment to Proposition 215 in the form of a 1997 medical marijuana ordinance, the council has been mute on cannabis-related issues. Gallegos swept Arcata in the D.A. election, and has emerged as a torchlight for residents who advocate for clearer, more progressive enforcement policies. But he doesn’t want to give marijuana producers too much leeway. “The large-scale, industrial production of marijuana in the county is offensive to me, “ Gallegos said. “This is not a wealthy community – we have budget problems and we are experiencing shortfalls in juvenile and mental health services. We’re losing money across the board, and if growers are turning huge profits tax-free, that hurts the community.” Gallegos wants to use alternatives to prison whenever possible, though. “What we want is compliance,” he said. “I think there are enough people in prison on marijuana charges. I prefer to use forfeiture to make them disgorge their profits, and probation with search and seizure clauses (which allow random police searches of probationers).” He is in favor of marijuana legalization. “It’s worth trying,” he said. “If it’s legalized, it could probably be better regulated, as alcohol is. I think kids have an easier time getting marijuana than they do alcohol, and marijuana has less social costs and is less addictive.” When youngsters realize that , Gallegos continued, they develop a distrust for what they’re told about all drugs. “We become hypocrites to our kids – if we lie about one drug, they assume we will lie to them about the others,” Gallegos said.”Source: Arcata Eye (US CA)Author: Daniel Mintz, Eye ReporterPublished: January 27, 2003Copyright: 2003 Arcata EyeContact: info arcataeye.comWebsite: http://www.arcataeye.com/ Relatd Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmDA Unveils Expansive Medical Pot Policy http://cannabisnews.com/news/thread15312.shtmlDA's 215 Policy 'a Work in Progress' http://cannabisnews.com/news/thread15297.shtmlPot in Humboldt County: Climate Attracts Growershttp://cannabisnews.com/news/thread14518.shtml

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Comment #8 posted by JSM on January 31, 2003 at 13:08:32 PT
Victory
This is where we start winning - on the local level. When the local prosecuting attorneys begin to fear for his/her job because of local opposition to cannabis laws, the battle is over. The feds know this and this is why they are so very vehemently opposed to medical use of cannabis in California. Unfortunately for them, the more repressive they are, the worse they look and the more that resistance to their heavy handed methods will grow. Ultimately Californians will wake up and realize the solution to their problem is complete legalization. When that happens, the war is over.
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Comment #7 posted by The GCW on January 31, 2003 at 05:33:12 PT
Thanks for the video and the poll.
Thank You.
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Comment #6 posted by FoM on January 30, 2003 at 23:15:57 PT
I'm Surprised at The Poll Results So Far
Created: Thu Jan 30 09:27:50 EST 2003   
Do you agree or disagree with Nelson Mandela's assessment of the United States? Agree  -- 30% -- 14537 votes Disagree  -- 70% -- 33853 votes Total: 48,390 votes 
 
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Comment #5 posted by Nuevo Mexican on January 30, 2003 at 23:06:26 PT
Take the poll!
All Things Cannabis will improve greatly soon, the crystal ball said so, so hang in there everyone! Ed will be a major player in the end of prohibition, one way or another, as the future unfolds! Thanks in advance for advancing the cause, jail or no jail! War is Over, if you want it-J&YonoNot really off-topic:
 Former South African President Nelson Mandela blasts President Bush and the U.S. stance on Iraq. Do you agree or disagree with Nelson Mandela's assessment of the United States?http://www.cnn.com/2003/WORLD/meast/01/30/sprj.irq.mandela/index.html
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Comment #4 posted by FoM on January 30, 2003 at 22:36:18 PT
Oh My
It's hard to type when you're crying. Please watch this video if you doubt the need for medical marijuana.http://www.nextplayvideo.com/
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Comment #3 posted by FoM on January 30, 2003 at 22:17:49 PT
Special Video Well Worth Viewing
The highly acclaimed documentary about 32-year multiple sclerosis patient Cheryl Miller and her husband and caregiver Jim Miller, "The Case for Cheryl Miller: Medical Marijuana Necessity" is now online!http://drugpolicycentral.com/real/immly/cheryl_56.rm
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Comment #2 posted by delariand on January 30, 2003 at 19:27:23 PT

wow!
He is in favor of marijuana legalization. “It’s worth trying,” he said. “If it’s legalized, it could probably be better regulated, as alcohol is. I think kids have an easier time getting marijuana than they do alcohol, and marijuana has less social costs and is less addictive.” When youngsters realize that , Gallegos continued, they develop a distrust for what they’re told about all drugs. “We become hypocrites to our kids – if we lie about one drug, they assume we will lie to them about the others,” Gallegos said.”*jaw drops to the floor*
I never thought I'd hear this coming from a district attorney... hopefully more people with this kind of clear view of the issue will be making it into office in the near future!
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Comment #1 posted by FoM on January 30, 2003 at 18:27:28 PT

NORML Weekly News Bulletin
NORML: http://www.norml.org/January 30, 2003 - Washington, DC, USA2003 Marijuana Law Reform Legislation Introduced In States Nationwide: : http://www.norml.org/index.cfm?Group_ID=5532GAO Gives DARE Anti-Drug Education Program A Failing Grade: http://www.norml.org/index.cfm?Group_ID=5531NORML Announces 2003 National Conference In San Francisco: http://www.norml.org/index.cfm?Group_ID=5533
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