cannabisnews.com: Marijuana Suit Could Set State's Limits Marijuana Suit Could Set State's Limits Posted by FoM on February 02, 2001 at 08:14:00 PT By Helen Gao, Ventura County Star Writer Source: Ventura County Star In a lawsuit that could set a precedent, a San Francisco attorney known for defending medical marijuana patients is asking the Ventura County Superior Court to determine the amount of marijuana a local patient may have without risking arrest or having the drugs seized. Since Proposition 215, the Compassionate Use Act, was passed in 1996, California sheriffs and police have wrestled with the enforcement of the law. The law allows patients to have a "reasonable" amount of marijuana if they have a valid doctor's recommendation, but it does not specify the exact amount. In the lawsuit filed last week against the Ventura County Sheriff's Department on behalf of a John Doe who wishes to remain anonymous to avoid potential criminal prosecution, J. David Nick argues that the lack of such a policy has led to unjustified arrests. "Plaintiff contends that instead of maintaining a policy with regard to the Compassionate Use Act, (the Sheriff's Department) simply disregards any evidence that the compassionate use defense may be involved, and arrests all individuals suspected of possessing or cultivating marijuana," the suit says. The suit asks the court to establish the upper limit for marijuana possession and cultivation for the patient so he can comply with the law. The suit further asks the court to declare immunity for medical marijuana patients who are following their doctors' recommendations and using amounts of marijuana prescribed. Nick said he believes the lawsuit is the first test case of its kind in the state. He hopes it would force the county and the whole state to eventually adopt guidelines to prevent unnecessary arrests. "This would either force local agencies to adopt their own policies so they are not flooded with litigation or those that won't; the courts will be there to settle the dispute," he said. If his client succeeds in establishing a legal limit through a court declaration, Nick said, he believes others could follow suit and establish legal limits that way and avoid unnecessary arrests. Renee Ferguson, senior deputy for the Sheriff's Department, confirmed the agency does not have a stated policy regarding drug limits for medical marijuana patients. She said decisions are made on a case-by-case basis. Deputy District Attorney Bill Redmond also said his office does not have a policy on the matter and reviews cases on an individual basis. In the county, a few residents claiming medical marijuana use are known to have been arrested because the police believed they had too much for personal use. Rex Dean Jones of Simi Valley and Lisa and Craig Schwarz of Camarillo were arrested in 1998 and 1999. At the time of the arrest, Jones had 13 marijuana plants and the Schwarzes had 68. Charges against Jones were dropped in 1998, and charges against the Schwarzes were dropped at a preliminary hearing Wednesday. The ambiguity of the law has led to wide-ranging interpretations throughout California. Limits range from 8 ounces and 10 plants in Arcata, a city in Humboldt County, to 2 pounds and 12 immature or six mature plants in Mendocino County. Note: PROP. 215: County court asked to decide 'reasonable' amount measure allows. Helen Gao's e-mail address is hgao insidevc.comSource: Ventura County Star (CA) Author: Helen Gao, Ventura County Star Writer Published: Thursday February 1, 2001Address: P.O. Box 6711, Ventura CA 93006 Copyright: 2001, Ventura County Star Fax: (805) 650-2950 Contact: letters insidevc.com Website: http://www.staronline.com/ CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by m segesta on February 02, 2001 at 19:03:27 PT: 215 needs amending...... They should amend the law to provide that if the state, or any given county, declines to issue guidelines, it cannot pursue any cases for alleged distribution unless there is actual and direct evidence of sales. Only if the state, or a county, issues guidelines and someone is caught with more than is allowed, could the prosecutor try to make a case for distribution.Also, I think they should have a provision awarding damages against cops in favor poor, sick people who get arrested or have plants or product confiscated when they are legitimate patientsThere would no more fighting over amounts then.Does anyone have thoughts on this?Take care and be well,M Segesta [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: