cannabisnews.com: No More Medical Pot Arrests










  No More Medical Pot Arrests

Posted by CN Staff on July 03, 2004 at 08:06:13 PT
By Jason Gewirtz, Staff Writer 
Source: Press-Telegram  

Long Beach -- Long Beach police will stop arresting medical marijuana patients for legitimate possession or cultivation, a policy shift that patients' rights advocates called "a step in the right direction."The new directive issued by Chief Anthony Batts requires officers to file a report when they come across marijuana users or growers who appear to have medical permission for the drug. To determine that, officers will call their superiors, request a doctor's order or attempt to locate a patient's doctor, and ask a series of questions of someone who claims a medical marijuana defense.
The previous policy, assailed by medical marijuana supporters, called for officers to arrest anyone who claimed their marijuana was medical, seize the drug and let the courts determine if the medical use was legitimate. "My hope is (the new policy) provides direction for police officers so we don't arrest people who legally have the right to use medical marijuana," Batts said.Officers were given the directive last week. Batts said a formal policy outlining the rules will be written within three weeks. The City Council, which requested a policy shift, will likely receive an update in early August.Patients' advocates applauded the move."I wonder what woke them up," said David Zink, a medical marijuana patient who was arrested in 2000 and charged with cultivation, possession for sale and manufacturing before his case was later dismissed. "I think it's a step in the right direction."William Britt, whose Long Beach-based Association of Patient Advocates supports medical marijuana patients, said the move was appreciated."Part of the goal of my organization is to have citizens and patients involved in the policy-making process," he said.Batts said his department has been working for six months to change its policy. But the issue took the fast track after council members asked the department last month to make a change within 90 days. Medical marijuana patients complained that the city's previous policy to arrest first and ask questions later caused legitimate marijuana patients unnecessary court costs and hardship.Marijuana prescribed for medical purposes is legal under Proposition 215, passed by state voters in 1996. Five Long Beach residents have been arrested since then for possession or cultivation, with four of those cases later being dismissed. A fifth case remains undecided.A state measure that took effect Jan. 1 calls for the creation of statewide identification cards for medical marijuana patients. But state officials have yet to set guidelines for those cards, stalling their implementation.While the change in arrest policy represents a significant shift, other aspects of the new policy have been an evolving process in recent days.Last week, officers were provided a list of questions to ask those who claim medical approval to use or grow marijuana. Those questions were refined Friday to take out inquiries into a person's medical condition or other medications they are taking, Cmdr. J.J. Craig said.Officers will, however, ask those they come across to provide the name and telephone number of their prescribing doctor, as well as details on the duration of their prescription.The initial directive also required officers to seize whatever marijuana they found, whether the person appeared to be a legitimate patient or not. On Friday, after meeting with patients' rights advocates the day before, that direction was changed as well. If someone is determined to be a legitimate patient, nothing will be seized, Craig said."It was always (the chief's) direction not to seize the marijuana when we had a legitimate issue," he said.City prosecutors had suggested the seizure provision so they could have physical evidence in case someone's medical excuse didn't hold up and a case was later filed."From a prosecutor's perspective, without having the contraband to be able to have a lab test done, it would be virtually impossible to (prosecute) anybody," Assistant City Prosecutor Dan Murphy said.The new city policy brings Long Beach in line with Los Angeles County, which has had a similar procedure on the books since 1997. Sheriff's deputies who determine that someone with marijuana has medical approval do not arrest the person or seize the marijuana, said Lt. James Whitten with the sheriff's Narcotics Division.A determination is typically made by seeing a prescription or contacting the patient's doctor, he said. Note: LBPD: Patients' rights advocates applaud shift from a stricter policy. Source: Long Beach Press-Telegram (CA)Author: Jason Gewirtz, Staff WriterPublished: Friday, July 02, 2004 Copyright: 2004 Los Angeles Newspaper GroupWebsite: http://www.presstelegram.com/Contact: speakout presstelegram.comRelated Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmMedical Pot Smokers Sway City Councilhttp://cannabisnews.com/news/thread19014.shtmlRx for Medical Marijuanahttp://cannabisnews.com/news/thread19004.shtmlBoost for Medical Marijuanahttp://cannabisnews.com/news/thread18021.shtmlL.B. Tangled in Murky Marijuana Lawhttp://cannabisnews.com/news/thread15499.shtml 

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Comment #6 posted by diana lejins on July 19, 2004 at 15:38:40 PT:

THANKS FOR THE SUPPORT - LONG BEACH
Advocates for Disability Rights and Association of Patient Advocates spearheaded the movement in Long Beach to mandate the PD to comply with California State law. It's been a long and tedious road, but we are making headway. I sincerely thank everyone who has given their support to this most noble cause.Diana Lejins, Director
Advocates for Disability Rights
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Comment #5 posted by E_Johnson on July 03, 2004 at 11:47:30 PT

Anyway my point was
You can drive around Southern California and not see a single visible sign of changing regions or communities or demographics, and the medical marijuana policies are completely different!It's like going to a different country with entirely different laws and police procedures.
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Comment #4 posted by E_Johnson on July 03, 2004 at 11:43:31 PT

LA and LA County are two different things
Sister Somayah has been harassed by the LAPD during the entire time the LA County Sheriff has been letting people go.The County Sheriff serves LA County. And they run the County Jail.The LACRC was in West Hollywood, which is covered by the Sheriff but not by the LAPD, they have their own police force, and they are so NOT the LAPD!
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Comment #3 posted by Max Flowers on July 03, 2004 at 10:34:20 PT

Wow, scary
"My hope is (the new policy) provides direction for police officers so we don't arrest people who legally have the right to use medical marijuana," Batts said. - My first question is, what's been the problem up to now---are your officers stupid? Were they really incapable of asking to see the recommendation papers and calling a doctor's office to confirm it? Should we worry that if your officers and their supervisors are so dense that they can't handle that, that maybe they can't handle dealing with weapons?  
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Comment #2 posted by Max Flowers on July 03, 2004 at 10:29:09 PT

Welcome to the party, Long Beach
Long Beach IS (in) Los Angeles County! There was no problem with them getting the news... they have merely finally decided to operate within the state law that they have been required to since 1997.This public announcement makes one wonder whether the medical cannabis patients in Long Beach who have been harassed, wrongfully arrested, jailed, fined and their medicine stolen between 1997 and now can now sue the city.Another thing: the idea of "seizing" patients' plants and thinking you might eventually give them back is incredibly stupid... cannabis plants are quite sensitive and if you rip them from their garden and carefully set photoperiod (timing of lighting), you will mess them up and they will hermaphrodite if flowering. In other words they will be ruined. Oh wait, maybe they DO know that.
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Comment #1 posted by E_Johnson on July 03, 2004 at 08:22:51 PT

Even smoke signals could have traveled faster
"The new city policy brings Long Beach in line with Los Angeles County, which has had a similar procedure on the books since 1997.
"Okay this is 2004, right? The law passed in 1996, LA County law enforcement responded by 1997. It's taken seven years for the news to get to Long Beach!You'd think Long Beach was way out in the boondocks somewhere but no, it's just a few miles down the freeway from LA and you can't even tell you've changed cities or counties on the way.

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