cannabisnews.com: CHP Revises Policy on Pot Seizures





CHP Revises Policy on Pot Seizures
Posted by CN Staff on August 28, 2005 at 07:21:31 PT
By Eric Bailey, Times Staff Writer
Source: Los Angeles Times
Sacramento -- The California Highway Patrol has ordered its officers to stop confiscating medical marijuana during routine traffic stops, a victory for patients hoping to win broader acceptance of the controversial medicine from balky police departments around the state.Highway Patrol officials sent out a bulletin last week to field commanders spelling out the policy shift, which would allow patients to travel on California's highways with up to 8 ounces of marijuana as long as they have a certified user identification card or documented physician's approval.
Patient advocates say the change will make the state's highways a "safe haven" for those who use marijuana with a physician's permission. They also hope the shift by the CHP sets an example for law enforcement agencies around California. "This is going to send a very clear message: The constitutionality of patients needs to be protected," said Steph Sherer, executive director of Americans for Safe Access, a marijuana patients group that sued the CHP to force the policy change. "Our hope is this will ripple around the state."Lt. Joe Whiteford, a CHP spokesman, called the policy shift "a revision" needed in part because of confusion among rank-and-file officers over a recent U.S. Supreme Court ruling.The high court declared in June that medical marijuana laws in a dozen states, including California, don't protect patients or suppliers from federal prosecution. But the ruling did not sweep away state medical marijuana laws and had no effect on local and state police such as the CHP.Although voters legalized medical marijuana in California nearly nine years ago, police statewide have wrangled with activists over how to enforce the law. Police officers have griped in particular about the difficulty of distinguishing true patients from recreational pot smokers.Snipped:Complete Article: http://www.freedomtoexhale.com/ounces.htmSource: Los Angeles Times (CA) Author: Eric Bailey, Times Staff WriterPublished: August 28, 2005Copyright: 2005 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/Related Articles & Web Site:Americans For Safe Accesshttp://www.safeaccessnow.org/Group Sues State To Stop CHP Pot Confiscationshttp://cannabisnews.com/news/thread20245.shtmlSuit Challenges CHP Confiscation of Medical Pothttp://cannabisnews.com/news/thread20240.shtml
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Comment #9 posted by Hope on August 30, 2005 at 08:23:51 PT
Comment 8....Well worded.
"The supreme couurt ruling only gave the green light for persecution of California medical users to the FEDERAL jackbooted thugs." 
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Comment #8 posted by dididadadidit on August 30, 2005 at 07:02:25 PT
Why the Confusion?
"Lt. Joe Whiteford, a CHP spokesman, called the policy shift "a revision" needed in part because of confusion among rank-and-file officers over a recent U.S. Supreme Court ruling.The high court declared in June that medical marijuana laws in a dozen states, including California, don't protect patients or suppliers from federal prosecution. But the ruling did not sweep away state medical marijuana laws and had no effect on local and state police such as the CHP."Why were any CHP officers confused in the first place? The supreme couurt ruling only gave the green light for persecution of California medical users to the FEDERAL jackbooted thugs. CHP works for California. They enforce California law. California permits use. Why the confusion?Hope this clarifies the situation for those CHP officers who were unjustifyably confused.Cheers?
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Comment #7 posted by FoM on August 29, 2005 at 17:53:29 PT
Related Article from Bay City News
Advocates Herald CHP Change In Pot Seizure Policy August 29, 2005OAKLAND -- Advocates for medical marijuana in Oakland Monday hailed a change in California Highway Patrol policy toward patients found with marijuana in their cars.The new policy, detailed in CHP documents and memos issued last week, discourages CHP officers from confiscating medical marijuana from patients and caregivers who have a valid state or local medical marijuana card or a doctor's recommendation.The policy states that if the documentation is found to be valid and the amount of marijuana is less than eight ounces, "the individual is to be released and the marijuana is not to be seized."CHP officer Joe Whiteford said officers previously accepted only state identification cards, of which fewer than 100 had been issued under a pilot program.Whiteford said, "We revised our policy so that we're not in conflict with existing state law."Joseph Elford, a lawyer for six patients and caregivers, said the new policy comes in the wake of a lawsuit the patients and caregivers filed in Alameda County Superior Court last year.The lawsuit charges that because medical marijuana is legal under California's Compassionate Use Act, the CHP's former policy violated the patients' constitutional rights.Elford said, "This new policy signals that California law enforcement must uphold the state medical marijuana law regardless of what the federal government has the desire or the authority to do."Elford said the lawsuit is still pending, but that the medical marijuana advocates and state lawyers are negotiating about a possible settlement that would make the new policy part of a permanent, court-supervised agreement. Copyright 2005 by FOXReno.com and Bay City Newshttp://www.foxreno.com/news/4911560/detail.html
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Comment #6 posted by runruff on August 28, 2005 at 09:26:33 PT:
True story.
Back in 1974 My then gilfriend of three years had a"best friend". Her boyfriend was a CHP. We used to go out together and party a lot. We could always count on her boyfriend to have plenty of good drugs. He kept me and my girl supplied with the best pot. He said he profiles a vehicle whenever he wants a stash and conviscates without an arrest. He also sold it to his close friends. He said this was a comman practice. A perc. I'm sure it is going to be hard to convince these guys to give up this perc. Why should they buy their drugs when they can get them for free?
There will be somebody who will say not all cops are like that. Well they would be right but I'm not talking about them.
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Comment #5 posted by Zandor on August 28, 2005 at 08:56:25 PT
They should not be allowed to use our money!!
California state officials as well as all local government’s like the Police, City and County officials should not be allowed to use public funds to arrest and prosecute citizens of California. They serve the people of California (who pay their salary) and not the Federal war machine. They should face dismissal from their job for calling the feds to get permission to make a bust under their authority in violation of state law.No public funded agency with in the state of California should be allowed to use public funds to prosecute the sick citizens of California. That's our money and you can't use it to prosecute us because you don't like the law.Follow the law or move on and get out of the way!!
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Comment #4 posted by Dankhank on August 28, 2005 at 08:44:08 PT
stale
I stand by my unintended characterization of old stupid law.Peace to all in New Orleans ...
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Comment #3 posted by John Tyler on August 28, 2005 at 08:35:28 PT
Finally
This is a long overdue step in the right direction for the legitimization of cannabis as a medication. 
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Comment #2 posted by mayan on August 28, 2005 at 08:12:33 PT
No-Brainer
California State law is supposedly what California State LEO's should be enforcing in the first place. This was always a no-brainer to those with a brain. It doesn't take a rocket surgeon.New CHP policy now allows patients to carry medical marijuana: 
http://www.mercurynews.com/mld/mercurynews/news/breaking_news/12498935.htm
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Comment #1 posted by Dankhank on August 28, 2005 at 08:05:42 PT
Hooray!
This seems like a slam-dunk for stale-level law enforcement. There should never have been a conflict and should not be a conflict in any state regarding safety for medical Cannabis users.It appears to be a huge victory for sanity in California.Congratulations to all who fought for this.Peace to all who educate ...
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