Pubdate: Fri, 23 Jan 2004
Source: Ukiah Daily Journal, The (CA)
Copyright: 2004, MediaNews Group, Inc.
Contact:  http://www.ukiahdailyjournal.com/
Details: http://www.mapinc.org/media/581
Author: Glenda Anderson
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA USER ALLEGEDLY SELLS TO COMMET

The arrest of a Ukiah man Wednesday demonstrates how medical marijuana laws 
are being abused, according to law enforcement officials.

The man, Arlon Long, 50, of Ukiah, was arrested after he sold some of his 
medical marijuana to a County of Mendocino Marijuana Eradication Team 
officer, said COMMET commander Sgt. Rusty Noe. Long was not jailed because 
he has medical problems, Noe said. The man who allegedly arranged the drug 
deal, Richard Jackson, 38, also of Ukiah, was arrested and booked into the 
jail, Noe said.

"This is an unfortunate example of a subject using the medical marijuana 
laws for profit. It takes away from the use of medical marijuana for people 
who really have a need," he said.

Noe said selling medical marijuana for profit is a felony. He said the law 
is not clear about how much somebody can charge for their marijuana -- it 
just says "reasonable compensation" -- but this particular case didn't 
involve selling marijuana to someone for medicinal use.

Advertisement

"There was no mention of medical marijuana made during the deal," Noe said.

The deal was not planned by police. Jackson, according to Noe, approached 
Deputy Butch Gupta while he was investigating an incident at a North State 
Street store.

"He just walked up to him and struck up a conversation with him about 
buying dope," Noe said.

They discussed the purchase near Gupta's truck, which is not marked, but 
does contain radio equipment, antennas and a dash light, Noe said.

"I don't think he was very alert," he said. "All the radio equipment and 
antennas and stuff, it would make me a little nervous if I was trying to 
deal marijuana."

Gupta took advantage of the opportunity dropped in his lap and agreed to 
make a purchase. When they met to exchange the marijuana for money, Long 
showed up carrying a pound of marijuana, Noe said. When Long and Jackson 
were arrested, Long also had $5,500 in cash in his pocket. A search of his 
Empire Gardens home uncovered several more bags of marijuana, scales and 
marijuana plant stocks in the back yard, Noe said.

He noted Empire Gardens residents frequently complain about marijuana being 
grown in their neighbors' back yards and most are sure the stuff isn't 
being grown for just personal use. Those gardens have resulted in at least 
several crimes, including an armed robbery several years ago, and a theft 
by high school students last year.

But medical marijuana laws make it difficult to do anything about law flouters.

"Prop. 215 sets no limitations on how much you can grow. It's up to the 
individual agencies to set a limit," Noe said. And the courts have pretty 
much ruled there is no limit.

"It makes it pretty tough for us to do anything," Noe said.