Pubdate: Sat, 23 Aug 2008
Source: Union, The (Grass Valley, CA)
Copyright: 2008 The Union
Contact: http://apps.theunion.com/utils/forms/lettertoeditor/
Website: http://www.theunion.com/
Details: http://www.mapinc.org/media/957
Author: Stephen Munkelt
Note: Stephen Munkelt is a lawyer who lives in Nevada County.
Cited: Sheriff Keith Royal http://new.mynevadacounty.com/sheriff/
Referenced: People v. Mower http://drugsense.org/url/VLPdh8zt
Referenced: People v. Wright http://drugsense.org/url/NPY1hMav
Bookmark: http://www.mapinc.org/topic/Compassionate+Use+Act
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

MEDICAL MARIJUANA LAWS MUST BE UPHELD

Sheriff Keith Royal and the Narcotics Task Force do not like the 
medical marijuana laws. As confirmed "drug warriors," they believe in 
the federal approach to pot: Criminalize everything and prevent 
research into the medical benefits of marijuana use.

As recently as six months ago, the sheriff told me he was expecting 
the state Supreme Court to find the medical marijuana laws 
unconstitutional - even though the court approved the Compassionate 
Use Act in 2002 (in People v. Mower) and the Medical Marijuana 
Program act in 2006 (in People v. Wright). Not to mention that over 
60 percent of voters approved the Compassionate Use initiative in 1996.

Of course, people in law enforcement are entitled to have opinions 
about the law. But they are sworn to uphold the law, and where there 
is a strong bias, they might not apply or enforce the law as intended.

In the case of the cultivation of medical marijuana, this leads to 
the destruction of legally grown and possessed marijuana, as the task 
force follows a "shoot first, ask questions later" approach.

The front-page article in The Union on Aug. 8 demonstrates the 
problem. Plants were seized from gardens where medical 
recommendations were posted, while the "investigation is continuing" 
into whether the cultivation was legal, or not.

If it is ultimately shown that the plants were legally grown under 
valid medical authorization, the sheriff will have the satisfaction 
of having destroyed the property of an unspecified number of 
patients. There is no practical method of compensating the patients 
for that violation of their legal rights.

Even more disruptive and damaging are the arrests and felony charges 
filed against medical marijuana patients. People sit in jail or have 
to post bond, have to pay for attorneys, and make time for court. If 
they prove a medical defense to the charges, in court or at trial, 
they do not get a conviction on their record, but they aren't 
reimbursed for their lost money and time.

The police bias is reflected in other ways in the same article. The 
sheriff and task force said, "growing for others is a gray area" and 
deny medical defenses for a "commercial operation." But the Medical 
Marijuana Program authorizes "cooperative" cultivation and possession 
by groups of authorized patients. It also legalizes sales of 
marijuana between patients or through "dispensaries." So "commercial" 
is OK under the law, but not with law enforcement.

Tragically, local authorities seem to be getting more aggressive 
about marijuana enforcement, just as the law becomes more protective 
of medical use and distribution. Innocent parties will continue to 
suffer, at least until the police learn to accept the law. Even when 
they don't like it.

In my practice, I often advise patients on the requirements for 
legitimate cultivation and use of marijuana. They are trying to 
comply with the law, in a way that will prevent seizure of the 
plants, arrest and trial.

But in the present environment, I have to warn them there will always 
be some risk that the Narcotics Task Force will pull up the plants 
and make an arrest before confirming the legal status of their 
activities. It is like having your car impounded and crushed by a 
wrecker because an officer thinks the registration is expired - 
before you even have time to show up with proof of registration.

So, when you see the sheriff's press release on some marijuana 
seizure in The Union, remember that he is trying to sell his point of 
view - and it may not be the law. 
- ---
MAP posted-by: Richard Lake