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BAYFIELD MARSHAL WORRIES MEDICAL MARIJUANA CONFUSES ISSUE

If marijuana dispensaries are allowed in Bayfield, law-enforcement agencies will struggle to determine whether someone possessing the drug is doing so legally, said Bayfield Marshal Chris Choate. 

The key will be whether the person has a state-issued medicinal marijuana card. 

"That's a scary position for law enforcement to be in," Choate said Monday night at Bayfield's second public forum regarding medical marijuana dispensaries.  About 16 people showed up for the meeting, the second in a series. 

"There have been law-enforcement agencies that have washed their hands of it and said, 'You know, we're not working pot.  Right, wrong, or indifferent, everybody can get a card, we're not working it,'" he said. 

Marijuana laws once were simple.  If someone was caught by law enforcement with marijuana, they were in trouble.  With medical marijuana laws now in place, law-enforcement officers must determine whether a person is legally in possession of marijuana or not. 

"It used to be black and white.  You catch someone with marijuana, boom, done," said Bayfield Town Manager Justin Clifton.  "Now there's this question of: 'Do you have a medical marijuana card?' And I think what that does is it changes the mindset of law enforcement."

The purpose of the meetings is to make a recommendation to the Bayfield Town Council whether the town should allow dispensaries to operate, and if so, under what conditions.  The town's 90-day moratorium expires June 1. 

"If an officer stops someone on a traffic stop and they smell the odor or whatever their probable cause is, at what point do we not even ask?" Choate asked.  "I don't think that should be a cop decision that's why cops don't write laws."

Clifton agreed with Choate's assessment. 

"I'm sure they'll still enforce ( marijuana laws ), but to what extent do we seek it out if five out of five people you stop have cards?" he asked. 

Kendra Whittaker, a clinical herbalist at Spirit Mountain Herbal Medicine, said she would prefer it if law enforcement didn't enforce marijuana laws at all. 

"I'd rather see them spend their time investigating domestic violence and child abuse as opposed to chasing down marijuana smokers who are probably sleeping."

By law, medical marijuana patients are required to have their state-issued permit on their person when in possession of the drug.  If a patient cannot present their documentation when confronted by law enforcement, they can be written a citation. 

Much like car insurance laws in Colorado, medical marijuana patients can get the charges dropped by appearing in court with the necessary paperwork saying they were legally in possession of marijuana at the time of the citation. 

Choate said, there is a lot of "gray area" surrounding enforcement of marijuana violations.  He compared it to the different ways law enforcement handle drivers who have no proof of insurance. 

"Different agencies have different standards.  With a lot of agencies, if you get pulled over and you don't have insurance, you're written a ticket, you walk to a payphone, and they tow your car," Choate said.  "Are we going to confiscate the marijuana, seize the backpack, do the whole deal, and then we'll figure it out later ( in court )?"

Travis Pollock, owner of the Natures Own Wellness dispensary in Durango, said he advises all his patients to carry their paperwork with them at all times. 

"If you don't have your paperwork on you, then you're at fault," Pollock said.