cannabisnews.com: Sheriff Maintains Medicinal Marijuana Policy





Sheriff Maintains Medicinal Marijuana Policy
Posted by CN Staff on June 24, 2003 at 12:52:13 PT
By Marti Taylor - DN Staff Writer
Source: Red Bluff Daily News 
The controversial and much debated issue of medicinal marijuana has long caused confusion between federal and state laws. However, Tehama County Sheriff Clay Parker's allegiance is clear, it rests with the voters of California.Currently eight states have laws that allow medicinal marijuana including: Alaska, California, Hawaii, Maine, Nevada, Oregon, Washington and Wyoming.
On Nov. 5, 1996, California voters passed Proposition 215 or the Compassionate Use Act, the act that later became Section 11362.5 of the Health and Safety Code. Under the law, California residents with a recommendation from a doctor can grow and maintain enough marijuana for their personal medicinal usage free from prosecution.The paradox with the state laws are that they clearly violate federal law which deems marijuana to be a schedule one narcotic. Schedule one drugs are designated as illegal narcotics that are not approved by the Federal Drug Administration to treat any disease or condition. Further complicating the issue is a Supreme Court decision in 2001 that overruled the California Law. In U.S. vs. Oakland Cannabis Buyer's Cooperative, the court said, "there is no medical necessity exception to the prohibition at issue {LCB}in the Controlled Substances Act{RCB}, even when the patient is 'seriously ill' and lacks alternative avenues for relief."As a consequence of the law, public safety officials have been conflicted on how to address medicinal users. Soon after the law was passed, the California State Sheriff's Association asked California State Attorney General Bill Lockyer for guidance regarding enforcement and came up empty handed.On Jan. 1, 2000, Parker took matters into his own hands and became the first sheriff in the state to create and implement a policy regarding the state law. According to Parker, at least half of the sheriffs in California still have not set a policy, a practice that he says leaves everyone in an ambiguous position.The policy, which is available for viewing by the public, provides "set guidelines on the quantity of plants to be legally possessed by the grower who is in compliance with the Compassionate Use Act of 1996."The sheriff says his motivation for the policy was to create a universal system that would take the "heat" off of his deputies, by giving them "universal" guidelines to follow."If you don't have a policy, then you really put your deputies in a bind," said ParkerAccording to the policy, its purpose is to "foster a positive relationship and provide mutual cooperation between law enforcement and those complying" with the law. It also establishes a "voluntary monitoring program" that allows medicinal users to grow and use marijuana legally.Parker also says that he is not in favor of legalizing marijuana in any form, however, he is duty bound to honor the law enacted by California voters."We were all obviously against the law, because we've seen what drugs can do to families," said Parker. "On the other hand, there's no way I can ignore what the voters want."The veteran sheriff pulls no punches on his feelings regarding drugs, however, he says he has and will continue to follow the wishes of the voting public."We're in a tough spot. The voters of California want this," said Parker. "I'm absolutely against it but I have no choice."In forming his policy, the sheriff contacted a person he called the most chronic user in the county and gauged his yearly usage. The quantities were formulated by estimating a medicinal use of a joint every two hours, 24 hours a day and 365 days a year. According to Parker, the policy is quite lax and allows medicinal users with a recommendation from a doctor to grow and use an ample amount of the drug for their personal use."We wanted to be fair to those who have the recommendation from their doctor," said Parker.Under the policy, medicinal users are allowed 18 seedlings, six flowering plants, or three mature plants outdoors or six mature plants indoors. In terms of dried marijuana, the user is allowed three pounds, a quantity that Parker says is much more than is needed.The policy further states that "if the quantities are not exceeded, the documented medicinal marijuana cultivator and possessor is in compliance with the standards set forth by this agency and the investigation will not be submitted for prosecution."Because of the sheriff's set policy, the Tehama County District Attorney's Office has not had to form their own regulations regarding medicinal use. According to District Attorney Gregg Cohen, his office addresses medicinal marijuana matters on a case by case basis and admits that the "sheriff is in the tough position."Parker also noted that there is the occasion that a medicinal user is arrested on other charges. In most of those instances, the suspect is asked to store their medicinal marijuana before their arrest. However, there has been the occasion that a detainee's medicinal stash was confiscated by the department.In those instances, the sheriff's office cannot legally return the drugs, without the possibility of facing federal reprimands. Upon his or her release, the medicinal user must go through the Tehama County Superior Court, who can legally return the drugs if they see fit.Such an instance occurred recently when Los Molinos resident and legal medicinal marijuana user, J.W. Semon was arrested on assault charges. Upon his entrance into the Tehama County Jail, deputies confiscated his medicinal marijuana.Semon, who has back problems and walks with a cane, later plead guilty to misdemeanor assault. On his release from the jail, he was told he would have to go before the judge in order to have it returned to him. He opted not to and sheriff's deputies had him sign a waiver releasing the drugs for eventual destruction.Parker also says that while his department has a set policy, it only pertains to officers under his command. Medicinal users can still be arrested and prosecuted by other agencies, especially federal agencies that do not recognize the California law and have a "zero tolerance" policy.However, Parker did say that a federal raid on a medicinal user in Tehama County would be unlikely because of his close working association with other law enforcement agencies."We wouldn't see a federal raid on a medicinal user in Tehama County," said Parker. "I have a good relationship with all the federal agencies."Parker ended by saying that while his policy offers a solution in Tehama County, the paradox will continue unless the federal legislature opts to change marijuana's status as a schedule one drug. The Federal Drug Enforcement Agency and Attorney General John Ashcroft have consistently and recently denied requests to reschedule the drug. Source: Red Bluff Daily News (CA)Author: Marti Taylor - DN Staff WriterPublished: Tuesday, June 24, 2003Copyright: 2003 Red Bluff Daily NewsWebsite: http://redbluffdailynews.com/Contact: editor redbluffdailynews.comMedicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #1 posted by ekim on June 24, 2003 at 20:49:14 PT
Here Here give Sheriff and Chronic a Medal
In forming his policy, the sheriff contacted a person he called the most chronic user in the county and gauged his yearly usage. The quantities were formulated by estimating a medicinal use of a joint every two hours, 24 hours a day and 365 days a year. According to Parker, the policy is quite lax and allows medicinal users with a recommendation from a doctor to grow and use an ample amount of the drug for their personal use. Contrast this great positive artical with this peice on how pols use linguistic techniques -- the following is just a excerpt of artical. A Nation of Victims
         By Renana Brooks
         The Nation         Sunday 22 June 2003
maintains negative frameworks in his 
listeners' minds with a number of
        linguistic techniques borrowed from advertising and 
hypnosis to instill the image of a dark and
        evil world around us. Catastrophic words and phrases are 
repeatedly drilled into the listener's
        head until the opposition feels such a high level of 
anxiety that it appears pointless to do
        anything other than cower.         Psychologist Martin Seligman, in his extensive studies of 
"learned helplessness," showed
        that people's motivation to respond to outside threats and 
problems is undermined by a belief
        that they have no control over their environment. Learned 
helplessness is exacerbated by
        beliefs that problems caused by negative events are 
permanent; and when the underlying
        causes are perceived to apply to many other events, the 
condition becomes pervasive and
        paralyzing.
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