Pubdate: Wed, 16 Feb 2005
Source: San Jose Mercury News (CA)
Copyright: 2005 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Michelle Locke, Associated Press
Cited: Americans for Safe Access http://www.safeaccessnow.org/
Cited: California Highway Patrol http://www.chp.ca.gov/ http://www.chp.net/
Bookmark: http://www.mapinc.org/topics/Proposition+215
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/Schwarzenegger
Bookmark: http://www.mapinc.org/people/Bill+Lockyer

GROUP SUES STATE TO STOP CHP POT CONFISCATIONS

BERKELEY, Calif. - Medical marijuana advocates have filed suit against the
California Highway Patrol, demanding that officers stop confiscating pot
from authorized users.

The suit, filed Tuesday in Alameda County Superior Court, is the latest
salvo in the long-running debate over medical marijuana in California,
approved by voters in 1996, opposed by federal authorities ever since and
applied unevenly all over the state.

The suit, which also names the governor and attorney general, says the
highway patrol's "rigid policy," of seizing medical marijuana "causes law
abiding citizens to suffer pain, humiliation, loss of dignity, extreme
anxiety and a fear of the police."

"It's been more than eight years since California voters approved the right
to use marijuana medically and since that time law enforcement has resisted
upholding that right," said Kris Hermes, legal director of Americans for
Safe Access, the Berkeley-based group bringing the suit. "While this
resistance is pretty widespread across California, CHP are the worst
violators by far."

At CHP headquarters in Sacramento, spokesman Tom Marshall said department
officials have not seen the suit and therefore had no comment.

As for CHP policy in general, he said, a doctor's note alone isn't enough
to prevent confiscation of marijuana. Marshall said the agency is waiting
for authorized user ID cards to be issued by the state Health Department.

The voluntary ID card program was authorized by legislators in 2003 but
cards haven't been issued yet. Department of Health Services spokeswoman
Norma Arceo said the program had been delayed for lack of funds, but
officials are developing a pilot program with 10 counties and hope to have
the system set up statewide by year's end.

People with a medical recommendation to use marijuana will be able to apply
for the ID card and the department will also have a toll-free number and
Web site to help officers check to see if a person is an authorized user,
she said.

Hermes took issue with the argument that a doctor's recommendation isn't
sufficient.

"The law states quite explicitly that a qualified patient is someone who
presents a recommendation from their physician or a voluntary
identification card," he said.

The suit also names Gov. Arnold Schwarzenegger and Attorney General Bill
Lockyer. The governor's office referred calls to the CHP and a Lockyer
spokesman said he had not seen the suit and had no comment.

The suit seeks a court order stopping the CHP from seizing marijuana from
legitimate patients.

"It's like someone being pulled over and getting their Motrin taken away
that they use to relieve their pain," Hermes said.
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MAP posted-by: Beth