Grass Valley Grass:

MEDICAL MARIJUANA GROWN AT RENTAL CREATES DILEMMA FOR OWNERS

AMERICAN CANYON - Mike Stine and Marlene Eaton just want their old home
back. But about a dozen marijuana plants are blocking their path.

Due to be married in two months, the couple left Eaton's Grass Valley home
more than a year ago, and moved to American Canyon. They left Eaton's
daughter Angela, 26, in charge of the Grass Valley residence.

Now, Angela lives with her boyfriend, "Keith," they don't even know his
name, in Eaton's Grass Valley home with 10 marijuana plants growing in full
view of neighbors. To make matters worse, Stine said, five children, 11 and
younger, live in the house.

Stine and Eaton have contacted police who say simply that the boyfriend has
a doctor's recommendation for medical marijuana, so it's allowed.

"The guy is living on our property, growing marijuana and we can't stop it.
Even though there are small kids in the house," Stine said.

"Our hands are tied as law-abiding citizens. We have no recourse," he said.

Eaton now must start eviction procedures on her own daughter, which could
drag on for months and leave her own grandchildren homeless.

Eaton and Stine moved to American Canyon in December 2001, when Eaton began
studying at Napa Valley College to become a respiratory therapist.

"I left to go to school with every intention of going back. All my furniture
is still there," she said.

Eaton left her three-bedroom home, which she's owned since 1986, in her
daughter's care.

She said about a year ago Angela started dating Keith. Within the last eight
months, Keith moved in.

"The guy moved in and he never paid a cent," Stine, 44, said.

"(Then) we just started getting calls from our neighbors."

The residents told the couple they thought they saw marijuana plants growing
in the backyard.

"We've called up there and asked. We get no response, no admission," Stine
said. "We hadn't been able to get to him because he's got a big dog there."

Plus, the locks are changed.

Angela and Keith were unavailable for comment. Their landline and cell
phones were out of service.

Stine and Eaton eventually saw the plants with their own eyes on July 4
weekend.

Angela and her boyfriend gave birth to a child July 3, and during the birth,
Stine said the pair admitted having the plants. Keith claimed he had a
medical marijuana prescription that allows him to grow the plants.

"My first instinct was to yank him out by his hair and kick him in the
skull, but I can't do that," Stine said.

Stine could not believe that even with the prescription, Keith could grow
the plants himself. The police told him differently.

The Grass Valley Police would not comment specifically on Eaton's house
situation because of privacy issues, but said medical marijuana is legal for
those with a doctor's recommendation.

Nevada County District Attorney Michael Ferguson issued a countywide
protocol for medical marijuana a couple years ago. The edict states that any
person with a valid recommendation can "possess no more than two pounds of
processed marijuana. Such persons shall be allowed to cultivate between five
and 10 marijuana plants; however, the expected yield from such plants should
be no more than two pounds of processed marijuana."

One mature marijuana plant can produce about a pound of useable marijuana,
the district attorney stated.

By law, the marijuana must be used by the patient only and for medical
purposes only.

Stine and Eaton were pretty sure Keith had no illness requiring medical
marijuana.

"He's in fine shape," Stine said.

Doctors have plenty of flexibility in recommending marijuana to patients.

According to the California Health and Safety Code, medical marijuana can be
recommended by a "physician who has determined that the person's health
would benefit from the use of marijuana in the treatment of cancer,
anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or
any other illness for which marijuana provides relief."

Very general parameters, says Senior Special Agent Paul Mulligan, of the
State Narcotics Unit.

In addition, the code states: "no physician in this state shall be punished,
or denied any right or privilege, for having recommended marijuana to a
patient for medical purposes."

Getting a medical marijuana recommendation is easier than getting a
prescription for penicillin, said Capt. Greg Hart of the Grass Valley
Police.

"They just have to make a recommendation. Some drugs are on triplicate
prescription (a copy is sent to the state, pharmacy and doctor), but there's
no such requirement for medical marijuana," Hart said.

In fact, medical marijuana can even be recommended verbally.

"It varies from doctor to doctor. A lot of doctors wouldn't, but some are
more inclined to give," Mulligan said.

Even if Keith or others are faking an injury to get the drug, a doctor's
recommendation keeps police from doing anything.

"I would say that it is abused. There are people out there who benefit from
that provision of the law," Hart said. "But there are people who have a
legitimate need for marijuana and it's not for me to debate whether it's an
appropriate law or not."

Medical marijuana was legalized after the passage of Proposition 215 in
1996.

However, each county's district attorney was left to decide how to proceed
in their jurisdiction.

"Each individual district attorney's office has done one of two options.
They've established a certain amount one person is allowed to have or taken
it case by case," Mulligan said.

Nevada County allows two pounds per person. Solano County, meanwhile, has
not created a protocol, said Solano County Deputy District Attorney John
Ellis.

"We take it on a case by case basis," he said.

Ellis said he knows of three Solano County medical marijuana cases, ending
with two convictions and one hung jury that became a plea bargain. One
conviction was reversed on appeal.

Stine and Eaton's main concern is for their grandchildren.

"Dude, I don't care if they're burning, but now they're infecting my (grand)
kids and doing it in our home," he said.

The five kids are only 11, 10, 5, 2 and a few weeks old.

"It's gotten to the point where the neighborhood mothers have said their
kids are not allowed at the house unless we're there," Eaton said.

Having children in the residence with medical marijuana is not a clear-cut
crime.

"It depends on the circumstances. Certainly, if it's a person with a medical
marijuana recommendation selling it or giving it to others or selling it or
using it in front of the kids, it is not OK," Hart said.

As of Thursday, Stine and Eaton planned to serve Angela with a three-day
"pay or quit" notice. If they fail to pay the accumulated rent, they will
get a court summons of complaint. If they fail to appear, the young couple
could be evicted after five days.

However, "if they do appear, they can tie it up in the courts for a long
time and they know this," Stine said.

"They can stay for (about) nine months and we have to pay for both homes.
The laws are all in favor of the criminal," he said.

Meanwhile, the condition of the house is deteriorating, Stine said.

"The place is starting to look in disrepair, there are three or four cars on
the property that are not running," he said.

Even if Eaton moved back in and tore out the plants, she could be in
trouble.

"He can sue me for ripping up the plants," she said.

Hart agreed, saying destroying medical marijuana plants, depending on the
circumstances, could be construed as vandalism, trespassing, or both.

Stine and Eaton feel Keith is manipulating the system.

"He's not in it for health, he's in it for profit - period," said Stine, who
believes Keith will sell the marijuana. "People like him are going to ruin
it for those who actually need it.

"The irony of this is I voted in favor of legalizing it for terminally ill
patients who need it, but this is not what I voted for," Stine said.

Hart said if an individual is selling medical marijuana his agency will make
an arrest.

Lately, Stine said he got word that Keith planned to go to his Oakland
doctor to get prescriptions for eight more people, which would allow for 80
more plants.

"That's 90 total plants. He's going to turn the backyard into a forest,"
Stine said.