cannabisnews.com: Gallegos Says Medical Pot Policy in Effect Gallegos Says Medical Pot Policy in Effect Posted by CN Staff on February 14, 2003 at 07:56:33 PT By James Tressler, The Times-Standard Source: Times-Standard Humboldt County District Attorney Paul Gallegos said this week he's moving ahead with his new medical marijuana prosecution guidelines, even without full support from area law enforcement.The district attorney declined to say which law enforcement agencies are still having trouble supporting his policy. These holdouts asked to hold off until further discussions can be held in March. Gallegos said he will meet with those agencies, but added that his office is moving forward. " We're operating under the assumption that it is policy," Gallegos said this week, adding that he's anxious to get the guidelines in place so he can move on to other items on his agenda.Under the guidelines, Gallegos will not file charges in cases involving people who have a doctor's recommendation for use of the drug and who possess no more than 3 pounds of processed marijuana per year.Medical marijuana patients, who are issued cards from the county's Public Health branch, technically will be allowed to grow as much as 99 plants. But the plants must fit within a 100-square-foot area measured by the vegetative canopy of the plants. In other words, the larger the plants, the fewer will be able to fit within the allowable square footage. For example, 14 plants with a 3-foot canopy area each will amount to a cultivation area of 100 square feet. The same rules apply for indoor growers, with the added restriction of 1.5 kilowatts or less for artificial lighting.Gallegos said these limits are intended to keep some control over how much the plants yield come harvest time. Without such controls, the district attorney said growers will end up with excessive amounts, which he's afraid could end up on the market, which is illegal.Proposition 215, the California law that allows prescribed patients to grow and use marijuana, has been described by some as poorly written. For instance, patients can get by with just an oral recommendation by a physician. The law also says little on whether users can carry pot in their car or whether patient's caregivers can possess the drug.Since the passage of Prop. 215 in the late 1990s, California law enforcement agencies have been divided. Some have refused to recognize the law because federal law bans any use of medical marijuana.Sheriff Gary Philp has indicated he'll support the new guidelines, as has the Arcata Police Department. But the Eureka and Fortuna police departments have said they intend to observe federal law, in part because the departments fear losing federal funding.To that end, prescribed patients could still be arrested and their pot confiscated. Even if Gallegos doesn't prosecute them, police agencies who oppose the new policy still may not give the confiscated pot back.Fortuna Chief Kent Bradshaw and Eureka Chief David Douglas are out of their offices this week and could not be reached for comment.Gallegos conceded that those who properly follow his guidelines may not be able to avoid arrest. He encouraged patients to always carry documentation, and post supporting documentation at cultivation sites.Source: Times-Standard (CA)Author: James Tressler, The Times-Standard Published: Friday, February 14, 2003 Copyright: 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.htmMedical Pot Restrictions Up in Smoke? http://cannabisnews.com/news/thread15421.shtmlD.A. Upping Medical Marijuana Limit to 99 Plants http://cannabisnews.com/news/thread15331.shtmlDA Unveils Expansive Medical Pot Policy http://cannabisnews.com/news/thread15312.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by mayan on February 14, 2003 at 17:35:02 PT Treason "Sheriff Gary Philp has indicated he'll support the new guidelines, as has the Arcata Police Department. But the Eureka and Fortuna police departments have said they intend to observe federal law, in part because the departments fear losing federal funding."So, the Eureka and Fortuna Police Departments choose not to uphold the Constitution of the United States of America just so they can get thrown a bone from the Fed's?They are guilty of treason in my book. [ Post Comment ] Comment #4 posted by p4me on February 14, 2003 at 13:39:10 PT If I didn't know better I would think... ABC stood for American Brainwashing CompanyNBC stood for National Brainwashing CompanyCBS stood for Columbia Brainwashing CompanyThere has got to come an awakening that we are not getting all the news with the result being a bombardment of the message of the moment from our fascist tyrants. [ Post Comment ] Comment #3 posted by FoM on February 14, 2003 at 13:08:16 PT p4me In time they will get upset. The Internet is finally worthy of respect from the Network News. Maybe because they see we are a total group of activists that care about many of the same things they will listen. Turn offs to me as far as hearing another viewpoint are when it is told to me rather then trying to teach me to understand what the other side means and why. I guess I can call it being preachy. That won't help but concern for the other person's viewpoint will always make a way for us to break the ice and then the walls will come tumbling down. That's just my opinion. Medical Marijuana Awareness Week [ Post Comment ] Comment #2 posted by p4me on February 14, 2003 at 12:37:53 PT This article just went up at FreeRepublic Many people at FreeRepublic don't like the attacks on the Constitution and the treasury that come with the WOSD. There are no comments yet. There should be some later. The WOSD is discussed widely on the Internet and it sure makes a person wonder when everyone is going to get pissed off at the Controlled Media. http://www.freerepublic.com/focus/news/843496/posts [ Post Comment ] Comment #1 posted by Sirreal on February 14, 2003 at 08:10:32 PT When oh when... ...will this madness end...."..fear of loss of federal funding..."...the crux of the matter eh...? [ Post Comment ] Post Comment