cannabisnews.com: D.A. To Seek Medical Pot Rules D.A. To Seek Medical Pot Rules Posted by FoM on April 21, 2001 at 07:18:42 PT By Clark Mason and Lori A. Carter Source: Press Democrat Sonoma County District Attorney Mike Mullins, who has come under fire for pursuing medical marijuana cases, said Thursday he will try to establish guidelines that could result in fewer prosecutions.After two high-profile trials that ended with acquittals, Mullins remained unapologetic. But he said he wants to spell out how much marijuana medical users can have, which could lead to fewer court cases. "Hopefully, that would be the result," he said. "But I can't say everyone will agree with the standards we adopt."Mullins said law enforcement cannot ignore marijuana-growing nor let people do what they want simply by claiming medical use.Drug agents share the district attorney's oft-stated complaint that Proposition 215, the 1996 initiative that allows marijuana use with a doctor's approval, didn't explain how the system should work."If somebody would make a clear law, we'd be happy to follow it and enforce it," Sheriff's Sgt. Steve Satterwhite said. "We're doing the best with what we have, but that's the problem."Mullins said he is unaware of how many pending criminal cases there are involving defendants asserting some form of medical marijuana defense.But Ernest "Doc" Knapp, a spokesman for the Sonoma Alliance for Medical Marijuana, said he is aware of five, including a Geyserville man who was arrested Thursday.Knapp acknowledged there can be complicating factors in the cases, such as a person not having the proper approval from a physician, the presence of weapons or previous felony convictions.He said Sonoma County authorities have gotten better, "but there's still selective prosecution of cases, and I don't understand why. They shouldn't go after these people for technicalities if they are sick and dying."Enforcement of Proposition 215 varies widely throughout the state. Some communities issue identification cards to certified users, and some allow clubs where marijuana is sold over the counter.Sonoma County has taken a harder line, and some advocates have threatened to try to unseat Mullins. But he ran unopposed in 1998, and an opponent has yet to surface for 2002 with the primary less than a year away.Wednesday's acquittal of Kenneth Hayes and Michael S. Foley was the second courtroom setback this year for Mullins, following the acquittal of a man who claimed his 110-plant pot garden was for personal medical use.Hayes and Foley had nearly 900 plants at a rented ranch in Petaluma. They said they provided marijuana to 1,280 members of a San Francisco buyers club, which had the backing of city officials and San Francisco's district attorney.When Sonoma County Judge Frank Passalacqua heard that San Francisco District Attorney Terence Hallinan would testify for the latest defendants, he warned prosecutors they would not get a conviction. He said the worst that could happen to the defendants was a hung jury.The jury acquitted Hayes and Foley after less than five hours of deliberations following the seven-week trial.The recent verdicts are likely to affect how drug officers do their jobs, but they say it won't stop them from arresting marijuana growers or users who can't prove medical necessity."We want to use our resources most effectively," said Michael Heald, a federal Drug Enforcement Administration agent who heads the county drug task force."But to a large degree, it's out of our hands in Sonoma County," he said. "We have to refer back to Sacramento. ... Every county is going to have trials and different issues. The laws should be equal across the board. Each county doesn't make up its own rules."Mullins has repeatedly called on Sacramento for guidance on the issue and says some cases have gone to trial to test the boundaries of the law because there wasn't another avenue."When a statute is vague and ambiguous, it's important the Legislature take a look at it to make it as uniform as possible, so we don't have to decide it in front of juries," he said.But following the acquittal of Hayes and Foley, Mullins said he wants to work out guidelines with local police chiefs and the sheriff.The county already has a policy for identifying medical users. It was developed in conjunction with the Sonoma Alliance for Medical Marijuana and has been revised at least three times after suggestions from the advocacy group.Mullins declined to say whether he will continue to prosecute cases or to speculate whether juries will be willing to convict defendants who assert a questionable medical claim. He said each case has its own set of facts and needs to be evaluated separately.Note: After defeats in two trials, Mullins to work with sheriff, police chiefs on guidelines.Source: Press Democrat, The (CA) Author: Clark Mason and Lori A. CarterPublished: April 20, 2001Copyright: 2001 The Press Democrat Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/Acquittal Doesn't Ease Grower's Fears http://cannabisnews.com/news/thread9429.shtmlPair Innocent in Medical Pot Bust http://cannabisnews.com/news/thread9414.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by lookinside on April 22, 2001 at 16:38:34 PT: sanity? i hadn't thought about tar a feathers, but that IS what ourforefathers chose as a just punishment for a neighbor whoinfringed on his fellow's well being...now to find a nicestrong rail(long stout board or post) to ride them out oftown on.... [ Post Comment ] Comment #3 posted by kaptinemo on April 21, 2001 at 14:46:08 PT: An old saying: "You can catch more flies with honey than with vinegar."But what happens when the flies don't appreciate your efforts? When they throw the honey back at you?The MMJ community has been very nice to Officer Boot and his cohorts. Its' given them 5 years to come around and admit that Prop215 is now The Law that they are supposed to esteem so highly and reverently.But they just didn't get the hint.They are now. Every painful legal swat on their snouts, every time they are made to back up and acknowledge that they've stepped out of line, and that their Fed buddies, who told them that they would protect them when the going got too rough and wouldn't let them down, have proven to have been talking through their navels and have provided no protection from the citizen's wrath for fear of infringing too much on State's RightsAs I said it before, the local LEOs who thought they could run roughshod over their neighbor's rights have made the sudden realization that Washington is several thousand miles away...while their pissed-off neighbors are literally right next door. More than close enough to do some serious damnage to their careers. If sufficiently provoked. As these DA's are finding out. They have a choice: serve the people who pay their salaries...or resign in favor of someone who will.In other words, it's time to stop wasting the honey...and to start warming up the tar-and-feathers. [ Post Comment ] Comment #2 posted by lookinside on April 21, 2001 at 08:46:45 PT: sanity? how about the AMMA or some similar group starting a countyinitiative that spells it out clearly...something like: if a person has on his person or in his homea medical recommendation or a caregivers document, he isfree from prosecution for possession or cultivation of up to5 times his annual consumption or distribution to bona fideMMJ users...(sick people may only be strong enough to growtheir medicine one time...) if the police destroy this person's medicine IN ANY WAY,they will be liable for actual and punitive damages as wellas prosecution for the theft/vandalism(i mean the INDIVIDUALCOP...they've gotta take this personally)...if they arrestthis person after being informed that a medicalrecommendation is on the premises...they can be prosecutedfor kidnapping/unlawful imprisonment...the actual document would not be required if for some reasonit had "disappeared"...the cops could take pictures and thenverify the person's claim through their MD...if the groweris lying, the pictures would be sufficient to prosecute...the reason i mention this last point is based on my onlyexperience with the local cops...SIX of them showed up atour home...claimed to be invited in when my wife was herealone...(she did not agree, they were in when she noticedthem, and then backed out the door when they saw her andproceeded to knock on the door and then enter again withoutany permission given) her word against 6 cops...we didn'tbother to bring it up...the cops lied about severalthings...her arrest was a done deal before i got home fromwork...they took me into custody...cops are liars and thieves...laws have to be written to makeit more difficult to lie about things...a document couldeasily be destroyed...medicine could somehow be "lost"... i was charged with posession of 8 pounds of cleantops...it was reduced to 4 pounds(????) street value$88,000...i wish i knew who was paying that much for premiumbud.($1375 an oz.???) i might very well have been tempted tosell it...my wife's consumption is 4+ pounds per year..whati was growing was in line with her consumption...growingconditions were perfect that year and the plants producednearly double my expectations...FYI, i don't smoke, haven't in 8 years...they pee tested meover 50 times in the next 18 months...never even a hint ofdope...aspirin is my pain med of choice... [ Post Comment ] Comment #1 posted by Ed Carpenter on April 21, 2001 at 08:13:29 PT: D.A. To Seek Medical Pot Rules Recall a few of these assholes and you'll see how fast the rest of them get the picture. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: