cannabisnews.com: Taxpayers League Blasts Placer DA and Sheriff 





Taxpayers League Blasts Placer DA and Sheriff 
Posted by FoM on February 17, 2001 at 19:57:22 PT
By Wally Reemelin, Taxpayers League President
Source: Tax Talk Bulletin 
For the past two years a Special Operations Drug Unit of Placer County Sheriff Edward Bonner's department has been conducting operations, as many as 30 of them, in Sacramento County. The recent outcome of this activity has resulted in a handful of civil lawsuits against Placer County claiming unwarranted searches and violation of constitutional rights of individuals whose homes were raided. 
The subjects of the drug raids were accused of cultivating and using marijuana despite the Medical Marijuana Act (Prop. 215) enacted by California and Placer County voters in 1996. What is going on here and why are Placer County agents working in Sacramento? The interests here are why are Placer taxpayers subsidizing police work in another county, using our jails to house and feed arrestees, and prosecuting cases at county expense for another jurisdiction? Also, under Proposition 215 persons with a doctor's approval or prescription may possess and use marijuana for treatment of health conditions they may have. Federal law does not permit distribution of marijuana. Were sheriff agents breaking one law (215) in order to enforce the federal law? The taxpayers' interest in this matter is the liability judgments that may arise from these lawsuits. The county is self-insured for $1million with an insurance umbrella above that amount. But each lawsuit pertains to a first million. It's not cumulative. The Medical Marijuana Act (215) did not specify any prescribed amount of marijuana or plant cultivation limits. Some counties and cities have determined and publicized the amounts they accept under 215. Nevada County allows 10 plants. Sierra County permits 6 indoor plants and 3 outdoor plants. City of Oakland approves of 148 plants. There is no general agreement on an acceptable number, but if counties set and publicize the medically acceptable number of plants, or pounds, that an individual may have, then at least medical marijuana users will know when they will be free of unreasonable searches and arrest. Such an agreement will have no legal basis since 215 set no such number, but this arrangement would provide a temporary issue settlement until the state legislature provides an answer. Last year a legislative bill by John Vasconcellos to establish a program to register medical marijuana users and provide them with an identity card such as handicapped persons now have available. The program was voluntary, but it died in committee and for good reason. No citizen desires to give public notice of an illness they may have and no one is ready to sign up that they may be in violation of the federal law regarding marijuana use. One Placer Drug Unit raid occurred in Roseville at the home of Lyman Sanborn and his wife, Grace, that they share with their mature son. Mr. Sanborn was childhood chum of President Ronald Reagan. No evidence of any marijuana was found at the home. This was also the case in several of the other drug raids. Most medical marijuana users grow their own plants indoors. The Sanborns have filed a one million lawsuit against Placer County. The drug squad had been observing patrons of a nursery shop in Sacramento called Green Fire. The store specializes in materials for hydroponics and culture of orchids and other exotic plants. The younger Sanborn was observed attending the Green Fire store and the drug squad traced the residence through Department of Motor Vehicles registration. Also, the Sanborn utility energy use records were obtained to verify higher than normal electric use, possibly for marijuana plant cultivation. It appears that a federal narcotics agent, Richard Adams, of the IRS Criminal Investigation Division, assisted with a federal subpoena to obtain the electric power data. So, apparently the federal drug agency was working with Placer detectives. Recently a medical marijuana case in neighboring El Dorado County ended with a jury acquittal of the defendants, the Whitakers. Apparently their run-in with El Dorado officials was because that sheriff considered the Whitakers 4.2 pounds of marijuana was more than necessary for personal use and that they were probably selling it. This, generally, is the basis for drug enforcement activities of Placer and Sacramento Counties as well. At the Whitaker trial, it was noted that an on-going federal government study allows patients 6.5 pounds of the drug per year. The League interviewed Placer District Attorney Bradford Fenocchio and Sheriff Edward Bonner regarding Placer County's drug activities. Bonner indicated that he and Sacramento deputy DA, Dale Kitching, had originally engaged in a mutual aid pact but that Sacramento did not follow through due to other commitments. Bonner indicated that his drug unit in no longer working outside the county. The League suggested that Mr. Fenocchio work with other law enforcement units in Placer and establish a medical marijuana use amount that would not be subject to house raids, and to publish the same. Fenocchio indicated that he was already exploring this avenue and that some agreed upon amount would be established in a few months. Fenocchio also agreed and indicated that he would continue to consult with State Attorney General Lockyer and the legislature to come up with a more formal response. The League suggested that the DA and the sheriff's department should reconsider their aggressive medical marijuana program. For those readers that are skeptical of medical marijuana uses, there is substantial evidence of its efficacy for a number of medical problems. A University of Vermont College of Medicine study indicates marijuana compounds increase cerebral blood flow, enhance cirtrial activity (brain), and kill respiratory pathogens, and provide inflammatory relief (arthritis) Note: The 1,200 member League of Placer County Taxpayers is one of the most influential organizations in Placer County. Complete Title: Taxpayers League Blasts Placer DA and Sheriff for Violating 215Source: Tax Talk Bulletin (CA) Author: Wally Reemelin, Taxpayers League PresidentPublished: February 2001Copyright: League of Placer County Taxpayers Phone: 916-763-1015 Address: PO Box 4899, Auburn, CA 95604-4899 Contact: info placertaxpayers.org Website: http://www.placertaxpayers.org/ CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
Home Comment Email Register Recent Comments Help




Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: