Pubdate: Wed, 16 Apr 2003
Source: Tahoe Daily Tribune (South Lake Tahoe, CA)
Contact:  2003 Tahoe Daily Tribune
Website: http://www.tahoedailytribune.com/
Details: http://www.mapinc.org/media/443
Author: Redford Givens
Referenced: http://www.mapinc.org/drugnews/v03/n517/a10.html
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

CIRCUMVENT THE STATE LAW

Considering recent California Supreme Court decisions regarding Proposition
215 one wonders if El Dorado County officials are blind and deaf to the law.
To wit, even the legislature cannot overturn or amend a ballot initiative
without a 3/4 majority. The California Constitution makes no provision for
counties to change a ballot initiative under any circumstances.

Proposition 215 does not specify the amount of marijuana a patient or
caregiver can grow or possess. Moreover the California Supreme Court has
specifically stated that the counties have no right to put limits on medical
marijuana use. This means that the El Dorado County six plant limit is
unenforceable as a matter of law.

Neither District Attorney Gary Lacy, Sheriff Jeff Neves or any of the other
authorities behind this regulation have any expertise in medicine which
means they have no knowledge of how much marijuana a sick person really
needs. Instead of listening to experts they set a "Reefer Madness"
prescription dosage limit with no scientific basis.

Instead of trying to find ways to arrest, prosecute and disrupt the lives of
medical marijuana users, it's time for California's police and district
attorneys to get in line with Proposition 215 which specifically states "(B)
To ensure that patients and their primary caregivers who obtain and use
marijuana for medical purposes upon the recommendation of a physician are
not subject to criminal prosecution or sanction.

Redford Givens

San Francisco