Pubdate: Mon, 30 Nov 2009 Source: Press-Enterprise (Riverside, CA) Copyright: 2009 The Press-Enterprise Company Contact: http://www.pe.com/localnews/opinion/letters_form.html Website: http://www.pe.com/ Details: http://www.mapinc.org/media/830 Authors: Sarah Burge And Julissa Mckinnon Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) TO SEIZE OR NOT TO SEIZE, RSO SETS GUIDELINES The Riverside County Sheriff's Department has a new policy guiding deputies on how to determine if someone's marijuana stash or plants are illegal or medically legit, sheriff's officials said. "It gives deputies a much clearer picture of when to seize and when not to seize," Chief Deputy Jerry Williams said. San Bernardino County Sheriff's Department has no guidelines. In fact, only a handful of police and sheriff departments in California have created a policy for dealing with medical marijuana. It's become a murky issue since California voters allowed the medical use of marijuana with the passage of Prop. 215 in 1996. It remains illegal to possess marijuana under federal law, adding to the problems of law enforcement. The five-page directive issued by the Riverside Sheriff's Department states deputies must determine if those claiming to be medicinal users have an amount of marijuana allowed under state statutes and that their medical documentation is valid. Marijuana advocates e-mailed the policy to The Press-Enterprise. Sheriff's officials commented on the policy, but were not able to immediately provide a copy to reporters. State law allows patients with a doctor's recommendation to possess up to a half-pound of dried marijuana and six mature plants or a dozen immature plants. The sheriff's policy states if the medical claim appears to be valid and the amount of marijuana is within the limit allowed it should not be seized. It also allows seizure of the marijuana, even if the person has proper documentation, if an officer "has probable cause to believe the marijuana is not being possessed solely for a qualified patient's personal medical use." Some marijuana advocates are calling the new policy a step in the right direction, but say though it details how much marijuana individual patients are allowed, it does not specify how much marijuana collectives and cooperatives can grow. Meanwhile, anti-drug activists contend that such local stances only further legitimize what they view as an illegal marijuana industry. Paul Chabot said the fact that Inland marijuana advocates are excited about the policy "raises a big red flag for us," referring to 200-plus members of the Inland Valley Drug Free Community Coalition. "I think Riverside County is a great example of how confusing the situation has become. Now we have locals trying to figure out this mess ..." Chabot said. "I think it would be better to get clarification from the state attorney general's office or the federal government on this issue." Chabot said the problem with further legitimizing medical marijuana cards is that practically anyone can get one. "They're supposed to be for very sick people but anybody can get a marijuana card for any reason," Chabot said. "You can claim any illness whatsoever including hair loss, itchy skin or sleep problems." Meanwhile, some medicinal users have said their marijuana has been unlawfully seized by deputies though they were making efforts to abide by the law. In Sept. 2008, Riverside County sheriff's deputies seized 70 mature marijuana plants and what they described as five pounds of processed marijuana from the Temecula home of Martin J. Victor Sr., now 57. Victor told police he ran a 10-person medicinal marijuana collective out of his home, but police said he had too much marijuana for his personal use. A Riverside County Superior Court judge recently dismissed all charges against Victor at the end of a preliminary hearing to determine whether there was enough evidence for Victor to stand trial on charges of unlawful cultivation and possession of marijuana for sale. Victor's run-in with law enforcement was a case in point for why a detailed sheriff's policy is needed, said Lanny Swerdlow, a nurse and activist who runs a Riverside medical marijuana clinic, and is a member of Victor's collective. Swerdlow said the sheriff's new policy is a step in the right direction. "But it's a very incomplete step," he said. Criticism of the policy includes that it does not specify how much marijuana collectives and cooperatives can grow. Instead, much is left to the discretion of individual deputies, Swerdlow said. "I'm a little uncomfortable about that," he said. "I want it to be absolutely crystal clear." Riverside County sheriff's official Williams said the policy is vague on collectives because state law is, too. Last month, the U.S. Department of Justice announced that it would not prosecute medicinal marijuana users and providers as long as they abide by state laws even though the federal government still classifies marijuana as an illegal drug. The San Bernardino County Sheriff's Department has no medical marijuana policy and no plans to make one, said spokesman Lt. Rick Ells. Deputies receive annual training on how to approach different marijuana scenarios. "If there's a gray area a deputy can call and narcotics will roll out there or offer advice over the phone," he said, adding that about 10 officers specialize in tracking illegal marijuana growing. Since San Bernardino County lost its legal challenge of the state's medical marijuana program earlier this year deputies have been advised to honor doctor's recommendations, he said. "You don't need a prescription; you need a doctor's recommendation. A (medical marijuana) card is optional. ... The law is vaguely written and not well thought-out." - --- MAP posted-by: Jo-D