cannabisnews.com: California's Landmark Pot Law Leaves State Dazed California's Landmark Pot Law Leaves State Dazed Posted by CN Staff on October 15, 2004 at 12:46:44 PT By Robert Jablon, Associated Press Writer Source: Associated Press Los Angeles -- Enforcement of California's first-in-the nation medical marijuana law is all over the map - literally. A patient in one place may be arrested next door. In Berkeley, for instance, a doctor's note lets you carry 2 1/2 pounds of marijuana. Drive to neighboring Emeryville, however, and you could be called a dealer. Eight years after its passage, the law remains unevenly applied around the state. Recent changes designed to protect legitimate users from arrest also run up against federal law, which says pot is an illegal drug, not medicine.Police in the inland town of Chowchilla will seize any medical marijuana and have arrested people carrying more an officer believes they can personally use.Although state law was amended this year to specify that police can't bust a registered user who carries a half-pound of dried pot, the state registration system isn't running yet.The state's own force, the California Highway Patrol, confiscates marijuana even from people who contend they are complying with state law.While many coastal communities and the San Francisco Bay area allow up to 3 pounds and hundreds of plants, inland farming and desert communities hold a harsher line.Chowchilla, for instance, enforces federal law and distrusts the whole idea of medical marijuana."That is a very bad word around here," said Chowchilla Sgt. Kevin Weaver. "These are guys that just like to smoke dope."California's bewildering maze of policies was built on the proposition voters passed in November 1996 that failed to spell out how much medical marijuana is legal, who qualifies to use it and how they can get a supply.Most of the 10 other states that have since passed medical marijuana laws tried to avoid those mistakes.California's law is "the least restrictive and has created the most amount of legal confusion," said Allen St. Pierre, executive director of the pro-marijuana NORML Foundation. "It was done by an amalgam of maybe 20 or 30 individuals and almost reads as much."The loose writing has kept courts busy. Medical marijuana users are involved in court cases involving everything from workers compensation to child custody, and the U.S. Supreme Court is looking into whether federal authorities can prosecute medical pot suppliers.Medical marijuana advocates say it's impossible to count how many medical marijuana users are being arrested and authorities don't track the numbers. However, a recent report by the medical marijuana group Americans for Safe Access cited a "culture of resistance" within law enforcement that led to arrests or seizures in at least 36 of California's 58 counties this year.One medical marijuana user whose own stash Long Beach police once confiscated now attends trials to support other users. He has carried his stash into court over 30 times and said he regularly cites state law to court security guards who question him."Usually they discover my pipe and ask 'What's this?' I say, 'That's my medicine and my medical delivery device,'" said Bill Britt, 45, an epileptic who uses marijuana to relieve pain from his arthritis and scoliosis. "Every single time, they've given it back."To give police direction and prevent arrests, a law that went into force in January sets up a voluntary state-run medical marijuana identification program. Police are supposed to respect the ID cards as proof of legal possession, but California's estimated 75,000 medical marijuana users won't be able to get the cards until next year.Under the old system, some counties and medical marijuana clubs have issued their own cards - which often are recognized only in the local community.The legislative attempt to mend the patchwork of enforcement policies is having limited effect.Prosecutors say the new law is still befuddling because it lets counties set higher guidelines than the half-pound lawmakers allowed for unspecified medical needs."It doesn't appear to us that we're getting clarity," said David LaBahn, executive director of the California District Attorneys Association. "That's what folks look for from laws: Who is exempted, how much can they have and where can they have it."Richard Meyer, a U.S. Drug Enforcement Administration special agent in San Francisco, says local interpretations of the medical marijuana law sometimes hinder federal investigations of drug dealing."Some of our local police departments are not able to help us in marijuana investigations," he said. "It's a nuisance."That's not a problem in the far northern city of Eureka, where local police confiscate any marijuana and will aid in federal probes. This despite being located in Humboldt County, where patients can - on paper - possess 3 pounds of pot and grow 100 square feet of plants."We have an obligation to both federal and state law ... (but) if federal folks want to take the marijuana, then they trump," Police Chief David Douglas said. "Always."Complete Title: California's Landmark Pot Law Leaves State Dazed and ConfusedOn the Net:NORML: http://www.norml.org/ASA: http://www.safeaccessnow.orgCalifornia NORML: http://www.canorml.org/Supreme Court: http://www.supremecourtus.gov/ Source: Associated Press Author: Robert Jablon, Associated Press WriterPublished: Friday, October 15, 2004Copyright: 2004 The Associated Press Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by drfistusa on October 16, 2004 at 11:32:54 PT it's 3 oz. in Hawaii Ore.law was modeled after Hawaii's 3 oz. about a months worth. [ Post Comment ] Comment #5 posted by afterburner on October 15, 2004 at 22:38:03 PT Drug medicine. Medicine drug. Drug drug drug. Medicine medicine medicine. Drug medicine. Medicine drug. Drug ugly. Drug on the market. Drug store medicine store. Medical cannabis. Medical use.' "Some of our local police departments are not able to help us in marijuana investigations," [Richard Meyer, a U.S. Drug Enforcement Administration special agent in San Francisco,] said. "It's a nuisance." 'Boo-hoo. Not as much of a "nuisance" as being caged, handcuffed to a bed, threatened by a gun by masked invaders, losing your property, medicine, money and/or children. [ Post Comment ] Comment #4 posted by sukoi on October 15, 2004 at 16:28:55 PT Oregon and Alaska Sheriff Dotson, colleagues concerned over Measure 33 http://www.newportnewstimes.com/articles/2004/10/15/news/news08.txtGovernor, doctors, police speak out against marijuana bill http://www.news-miner.com/Stories/0,1413,113~7244~2470001,00.html [ Post Comment ] Comment #3 posted by The GCW on October 15, 2004 at 13:02:24 PT Another Landmark Pot Law Leaves State Dazed US IL: Editorial: Government Hemp Too HighFor sale: pounds and pounds of high quality marijuana. Vendor: The Health Ministry of the Netherlands. Price: $10 to $12 a gram. Public demand: unbelievably, practically zero. The Dutch health ministry has a big pot problem on its hands. It has legalized and is selling standardized quality-controlled marijuana through pharmacies - a prescription is required - but it just can't compete with street vendors who can undercut the government's price by at least $7 a gram. The government got into the dope business last year to help sufferers of painful diseases such as multiple sclerosis, AIDS, neuralgia, cancer and Tourette's Syndrome. But those suffering from chronic or life-threatening ailments can just go to coffee shops on Dampkring, one of Amsterdam's busiest streets, and buy 23 different types of marijuana and 18 different types of hashish -- all organically grown. For about $5 a gram. The government had anticipated it would sell 450 pounds of weed, but it's only sold 175. What a downer. All that quality grass gone to pot. http://www.mapinc.org/drugnews/v04/n1459/a02.html?397(There is something to be learned in this story.) [ Post Comment ] Comment #2 posted by dr slider on October 15, 2004 at 12:58:23 PT: Neither dazed nor confused Let's see, a few cops and DAs have their panties in a bunch, balanced with hundreds of thousands of Californians that still take care to avoid exposure and breathe a little easier every minute of every day as they struggle with various ailments. Who exactly do they mean by "California"? [ Post Comment ] Comment #1 posted by FoM on October 15, 2004 at 12:56:40 PT Medical Marijuana Laws in Various States By The Associated Press October 15, 2004 A snapshot of medical marijuana rules in various states:Alaska: Patients (or their primary caregivers) may legally possess up to 1 ounce of usable marijuana and may grow up to six plants. There is a confidential state-run patient registry.Arizona: Doctors are allowed to prescribe marijuana to unspecified "seriously ill" patients. Medical leaders, however, say physicians aren't prescribing the drug because, in part, they fear doing it would put their federal licenses to prescribe drugs at risk. The Arizona Department of Public Safety contends that federal law trumps state law and it remains illegal to grow or distribute pot.California: People can posses no more than 8 ounces and six mature or 12 immature marijuana plants. Counties and cities are free to permit greater quantities and a larger amount if it is required for the patient's "medical needs." Two dozen cities and counties have various guidelines, with the high end permitting 99 pot plants and several pounds of processed pot. Patients must have an oral or written recommendation from a physician - who cannot be punished for having made such a recommendation - and must have a serious illness such as AIDS, glaucoma or arthritis. However, unspecified other illnesses are permitted if pot provides relief. The law also will set up a voluntary state-run identification card system for users.Colorado: Patients must have written documentation from a doctor that they suffer from a debilitating condition that marijuana may help. It lists several of them, including cancer, AIDS and chronic nausea, with state health officials authorized to approve others. The law establishes a state-run registry program. The legal limit is 2 ounces of usable marijuana and six plants.Hawaii: Requires signed statement from a physician and specifies the illnesses covered, including Crohn's disease and epilepsy, with others subject to state approval. Sets up a mandatory state-run patient ID program. Possession limits are 1 ounce of usable marijuana and seven plants.Maine: Patients must have an oral or written "professional opinion" from their physician that he or she "might benefit from the medical use of marijuana." Names the illnesses. Legal limit per patient or caregiver is 2 1/2 ounces of usable marijuana and six marijuana plants.Maryland: Allows patients arrested for marijuana-related crimes to argue in court that they need it medicinally. If the judge agrees there is a medical necessity, the maximum penalty allowed by law would be a $100 fine.Nevada: Patients need a written document from a physician. Lists various permitted illnesses, with others subject to state approval. The legal limit is 1 ounce of usable marijuana and seven marijuana plants. Sets up a state-run ID card program. Patients who do not join the registry or who possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity," if they are arrested.Oregon: Patients must have a signed physician's recommendation and the illnesses covered are listed, including Alzheimer's disease, with other conditions subject to state approval. The limit is 3 ounces of usable marijuana and seven plants. If a patient is arrested, he or she must have been diagnosed by their physicians at least 12 months before the arrest to present a medical marijuana defense. Law enforcement agencies that do seize marijuana plants aren't required to keep them alive.Vermont: Limit of 2 ounces of usable marijuana and three marijuana plants. Certain illnesses are specified. The law also sets up a state-run registry.Washington: Patients or their primary caregivers can possess or cultivate no more than a 60-day supply of marijuana. Patients must possess "valid documentation" from their physician. Lists specific illnesses, with others to be approved by the state. Physicians cannot legally prescribe marijuana; they only can advise. Marijuana cannot be legally purchased and there is no identified legal way to distribute it.---Sources: NORML Foundation, state sources. Copyright: 2004 The Associated Presshttp://www.wilmingtonstar.com/apps/pbcs.dll/article?AID=/20041015/APN/410150894 [ Post Comment ] Post Comment