cannabisnews.com: Case Highlights Debate Over State Medical Pot Law





Case Highlights Debate Over State Medical Pot Law
Posted by CN Staff on February 25, 2003 at 18:43:12 PT
By The Associated Press
Source: Associated Press
Ventura, Calif. - A case set to go to trial in two weeks highlights what critics call a flaw in California's voter-approved law allowing medical use of marijuana: The statute doesn't set a statewide possession standard and instead leaves it up to local governments.Last fall, Mike Loftus was arrested on drug charges after a narcotics team allegedly found 29 marijuana plants and a pound of dried hemp in his Newbury Park house. The father of three, who suffers from an inner-ear ailment, said he uses prescription marijuana to prevent dizziness and nausea.
Police allege that Loftus, 33, violated Ventura County guidelines that limit possession to six plants or one pound of pot. He is charged with a felony count of possession of an illegal drug for sale and two misdemeanor counts of child endangerment.Loftus was arrested and cleared of illegally possessing the drug in 1999 and 2001. In the latter case, police eventually returned his 22 plants - dead."It's simple harassment," Loftus said. "The law says I can grow my own medicine and it doesn't give me a limit. Now they're telling me I'm a criminal. They're only doing this because I made them look bad before."Under a controversial guideline enacted by local law enforcement agencies last year, Ventura County prosecutors say the 29 plants and one pound of dried hemp seized at Loftus' home in October were enough to charge him.Voters approved Proposition 215 in 1996 but today most counties have no quantity guidelines. Some Northern California counties allow patients to possess up to 99 plants and three pounds of the dried drug; others allow for as few as five plants and a pound of pot.The city of San Diego approved a one-pound standard earlier this month.Ventura County law enforcement agencies enacted guidelines last March and were criticized by county supervisors for not consulting health or elected officials.Sheriff Bob Brooks believes the guidelines are liberal enough to meet a patient's medical needs. Still, he said, "We would like to have the attorney general set a statewide standard."Complete Title: Ventura County Case Highlights Debate Over State Medical Pot LawSource: Associated PressPublished: Tuesday, February 25, 2003Copyright: 2003 Associated Press Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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