Pubdate: Wed, 29 Jan 2003
Source: Times-Standard (CA)
Copyright: 2003 MediaNews Group, Inc.
Contact:  http://www.times-standard.com/
Details: http://www.mapinc.org/media/1051
Author: James Tressler

DA UNVEILS EXPANSIVE MEDICAL POT POLICY

EUREKA -- Humboldt County medical marijuana patients would be allowed to 
grow substantially more pot under District Attorney Paul Gallegos' new 
proposed marijuana prosecution guidelines.

Under the proposal, patients would be able to have 99 plants, or a maximum 
of a 100-square-foot growing area, indoors or outdoors. These limits would 
allow patients to have a supply of up to 3 pounds of dried marijuana buds 
per year, Gallegos said Tuesday.

The new guidelines, currently being reviewed in draft form by area law 
enforcement agencies, are far more liberal than was allowed by Gallegos' 
predecessor, Terry Farmer, who allowed medical marijuana patients to have 
10 plants.

The policy would also seem to send a message to local law enforcement 
officials, some of whom have remained skeptical of the medical benefits of 
using marijuana and have arrested medical marijuana patients.

In a telephone interview from Oxnard on Tuesday, Gallegos said his hope is 
that the policy provides practical, consistent guidelines for both law 
enforcement and medical marijuana patients.

"We need an easy criteria to deal with so we're not second-guessing 
ourselves," Gallegos said. "Something that provides predictability for 
growers, as much as we could, on what they're allowed to do and what law 
enforcement can do -- minimize the gray area.

"We're interested in not inhibiting people from growing," Gallegos 
continued, referring to the limits. "What we want to do is have some way of 
capping off yield because at some point yield will exceed consumption, 
which means they'll either have to destroy the excess or it will end up in 
the market, which is illegal."

The biggest hurdle the policy must clear in the next few weeks is the rest 
of the law enforcement community, which over the years has remained sharply 
divided over the issue of medical marijuana.

At times, medical marijuana patients have been unfairly arrested and their 
plants seized by police, some have charged. On the other hand, police have 
maintained that some medical marijuana users abuse their privileges and 
engage in illegal activities.

Lt. Randy Mendosa, soon-to-be interim chief of the Arcata Police 
Department, said he simply hopes to have a clear policy, especially on 
murky issues such as transportation of marijuana and whether patient 
caregivers can possess the drug.

"We've gotten fairly comfortable the past few years in doing this, trying 
to maneuver the law and make it work," Mendosa said. "But we rely heavily 
on the DA to guide us through less clear parts of the law.

"There are people who are familiar with the law; people who think they're 
familiar but aren't; people familiar yet who try to put different spins on 
it to make it work for their own interests.

"I'm not going to make any judgments on what's radical or not," Mendosa 
said. "We need to follow his lead because he's the chief law enforcement 
officer of the county."

Fortuna Police Chief Kent Bradshaw said he hasn't looked at Gallegos' 
proposal in detail, but when told Gallegos planned to allow up to 99 
plants, said that a lot more discussion will be needed over the next few weeks.

Meanwhile, his officers will continue to investigate and arrest suspected 
illegal marijuana users and growers as they always have, the chief said.

"I'm not going at odds yet with the DA, and hope I won't have to," Bradshaw 
said. "We need to really work together on this, we need to do the science 
- -- what's needed, how much is an acceptable amount -- and come to some 
mutual understanding."

The proposed policy would also bring Humboldt County's guidelines closer to 
Del Norte and Sonoma, which also allow up to 99 plants.

Gallegos, who said he favors legalizing marijuana, also aims to relax 
prosecution standards in cases involving small amounts of non-prescribed, 
illicit marijuana use. The new district attorney said he wants instead to 
use more of the county's court time on methamphetamine cases.

Despite apparent disagreement from some agencies, Gallegos said he's 
confident a consensus can be reached.

"I think we can," he said. "Everyone wants to do what's right. We're just 
juggling how to do that. People don't want to seem like they're condoning 
unlawful activity, being soft on crime.

"Some have the idea that it's a gateway drug. I don't share that opinion.

"Our war (on drugs) is causing the erosion of 4th Amendment rights. ... 
Marijuana doesn't have the social impact that even alcohol does. It 
probably would be better legalized and regulated like alcohol. But it's 
also important to keep it away from kids and to punish irresponsible conduct.

"It's important we distinguish between illegal and legal marijuana possession."

The policy is likely weeks away from being finished, with Gallegos and 
other law enforcement officials both saying that they'll continue to work 
together on the final product.
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MAP posted-by: Larry Stevens