cannabisnews.com: Flynn Ponders Seeking Pot Limit Flynn Ponders Seeking Pot Limit Posted by FoM on February 05, 2001 at 14:01:09 PT By Bruce McLean, Ventura County Star Writer Source: Ventura County Star In a world where the line between legal and criminal is almost always written in black and white, California's medicinal marijuana law stands as a wide, gray gulf between clashing factions, all searching for an answer to a single question. How much is too much? If a case that made its way to the Ventura County courthouse this past week proves anything, it's that the answer is not coming anytime soon. But at least one county supervisor thinks it might be time for his board to take the lead in deciding how much marijuana a person can grow legally for medicinal use in Ventura County. "Perhaps this would be an area for the board to develop some guidelines here," Supervisor John Flynn said. "I think it has to be dealt with, and no one seems to be doing anything about it." Currently, county law enforcement, prosecutors and marijuana patients are operating in a legal limbo created by the vague language of Proposition 215. The measure, approved in 1996 by wide margins in both Ventura County and the state, made it legal for patients with a doctor's recommendation to grow, possess and use marijuana to relieve the pain and suffering of serious ailments, including cancer and AIDS. The law, however, set no standards on how much marijuana could be grown or used. Some cities and counties have set their own limits. Medicinal marijuana users can have up to 10 plants in the city of Arcata, and up to 12 immature or six mature plants in Mendocino County. But in guidelineless Ventura County, some users have been arrested, only to see prosecutors refuse to file charges. Patients have successfully gone to court to get back marijuana plants confiscated during their arrests. But no one feels any closer to the answer to the central question. Sheriff Bob Brooks said last week that he's looking to the District Attorney's Office for guidance. But Chief Deputy District Attorney Gregory Totten said the state should set the guidelines. And there are no indications the state plans to do it anytime soon. That leaves court cases such as the one involving Craig and Lisa Schwarz to gobble up taxpayers' time and money. During a preliminary hearing Wednesday, prosecutors dismissed charges against the Camarillo couple, who were arrested in July 1999 for growing 68 pot plants in their house and yard. The Sheriff's Department felt the number of plants was more than what Lisa Schwarz needed for her crippling back pain and migraine headaches. At first, prosecutors agreed, and the case moved forward for nearly 18 months. But during Wednesday's hearing, after testimony from Schwarz and an expert on the yield of marijuana plants and amounts used in medical treatment, prosecutors changed their minds. After the decision, Andrea Nagy, who had her own run-ins with the District Attorney's Office when it closed down her medical marijuana dispensary in Thousand Oaks, said prosecutors showed they "have a heart." Deputy District Attorney Bill Redmond, who prosecuted the Schulzes, said it was merely a decision based on information that came out during the hearing. "Because the law is so undefined as to quantity, these cases will continue to go to court," Redmond said. In fact, someone growing fewer plants could still face criminal charges if their symptoms aren't as extreme as Lisa Schulz's, Redmond said. That kind of thinking does not help law enforcement, said Brooks, who was not pleased with Wednesday's decision. "I was really disappointed with the 68-plants case because I think it sends a message," he said. Brooks said Proposition 215 is among the most difficult laws his department deals with. Deputies have no guidelines out in the field to tell them who is growing too much pot and who is not. "It's fraught with peril," Brooks said. "We're not out to harass people. But it's very tough to deal with." J. David Nick, Lisa Schulz's San Francisco attorney, filed a lawsuit last week on behalf of another Ventura County patient -- this one anonymous -- to get a court to set the guidelines. The client, Nick said, wants to avoid the legal morass the Schulzes fell into. "It may eventually force a statewide benchmark," Nick said of the suit. "I can't imagine counties would want to deal with this flood of litigation." In light of such difficulties, Flynn said, it might be time for county government to start exploring options. It's clear that marijuana helps some patients, and it's clear the voters think those patients should have access to the drug, Flynn said. So in the coming weeks, he may ask the Board of Supervisors to take up the issue. "If people absolutely need this, they should have a way to get it without the fear of getting arrested," Flynn said. Bruce McLean's e-mail address is: bmclean insidevc.com Dale Gieringer (415) 563-5858 e-mail: canorml igc.org 2215-R Market St. #278, San Francisco CA 94114 Note: Marijuana: Gray area in medicinal use statute proves vexing for users, authorities. Source: Ventura County Star (CA) Author: Bruce McLean, Ventura County Star WriterPublished: February 5, 2001Copyright: 2001, Ventura County Star Address: P.O. Box 6711, Ventura CA 93006 Fax: (805) 650-2950 Contact: letters insidevc.com Website: http://www.staronline.com/ Related Article & Web Site:California NORMLhttp://www.canorml.org/Marijuana Suit Could Set State's Limitshttp://cannabisnews.com/news/thread8545.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by m segesta on February 06, 2001 at 04:32:21 PT: i hate to sound like a broken record...... but would it not be better to say nobody can be prosecuted for distribution unless they have at least X amount of medical marijuana or the police have direct evidence of sales, unless the amount in dispute exceeds the limit?under these guidelines, the "limit" would merely be a defense against charges of distribution when no direct evidence exists....be wel. [ Post Comment ] Comment #1 posted by Dave in Florida on February 05, 2001 at 16:06:48 PT Too Much ! >The Sheriff's Department felt the number of plants was more than what Lisa Schwarz needed for her crippling back pain and migraine headaches. >The law, however, set no standards on how much marijuana could be grown or used. ok, what about this. Let us say you have 32 cases of asprin. So what? Are you going to sell it?If the cops find someone with what they feel is too much, why don't they just note the plant stage of growth, the peoples name and address, and then do police work. If the cops think they are growing it for resale, then wait and try to catch them dealing. People that are growing for medical use are't going to jepordize that by selling. If they have too much for their own needs then perhaps they could give it to others in need (with a note) or to the clubs. The cops tend to think that folks "could sell it". Well, I say they should do real police work and catch them...not "feel they have too much", or just assume... [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: