Pubdate: Thu, 10 Jul 2008
Source: Daily Triplicate, The (Crescent City, CA)
Copyright: 2008 Western Communications, Inc.
Contact:  http://www.triplicate.com/
Details: http://www.mapinc.org/media/2151
Author: Nicholas Grube, Triplicate staff writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

COUNTY ALTERS MED. MARIJUANA RESTRICTIONS

The Del Norte County Board of Supervisors clouded the issue of what 
is reasonable and excessive Tuesday when it decided to lift its 
medical marijuana possession and cultivation guidelines.

By removing limits on the number of plants a medical marijuana 
patient or caregiver can grow and the amount of processed marijuana 
they can possess, the supervisors put the burden of determining how 
much is too much on law enforcement, patients and their doctors.

Supervisor Leslie McNamer was the only one to vote against the new 
ordinance, and said after the meeting that she made that decision 
because she considers it a "medical issue" that should not be up to 
politicians or police.

"I don't feel it's up to the sheriff's department to determine what 
amount of medicine I'm supposed to take," McNamer said.

Under the county's current medical marijuana guidelines--which will 
be in effect until the new law takes over Aug. 8--patients and 
caregivers are allowed to grow up to 99 plants in a 100-square-foot 
area and be in possession of up to a pound of processed buds.

It's one of the most liberal standards in the state and one that 
local law enforcement officials have said contributes to marijuana 
percolating to the street.

The Board of Supervisors tried to amend the original ordinance and 
reduce the amount of marijuana a person can legally grow or possess 
to six mature plants or 12 seedlings, and eight ounces of processed 
product. This change would have brought Del Norte County in line with 
a majority of counties in the state that follow the same guidelines.

However, the board opted instead for no guidelines after a state 
appellate court ruled that placing limits on medical marijuana was 
unconstitutional.

This decision has made both medical marijuana patients and certain 
law enforcement officials a little uneasy, as the new ordinance 
leaves the discretion of what is considered the right amount of weed 
up to individuals--users, growers or officers.

If a patient doesn't have a set prescription for medical marijuana, 
such as 35 plants and 2 pounds, then someone in law enforcement would 
need to make a determination on whether or not the patient's 
situation warrants that amount.

Del Norte County District Attorney Mike Riese--whose office would 
eventually prosecute these cases--has expressed apprehension about 
such judgement calls, as have others in law enforcement.

Supervisor David Finigan said it will now be up to Riese and Del 
Norte County Sheriff Dean Wilson to come up with a solution.

"The district attorney ... (will) coordinate with the sheriff on how 
to enforce it," Finigan said.
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MAP posted-by: Jay Bergstrom