PANEL DEBATES REDUCTION IN LIMIT ON MEDICAL POT PLANTS

Woman Says She Needs Harvest From 144 Plants

OAKLAND -- "Mary Jane" told Oakland's Public Safety Committee Tuesday
afternoon that she smokes an ounce of marijuana each week, an amount
she's able to harvest from the 144 plants she currently has.

She urged the committee to reject a proposal that would limit the number
of plants that medicinal users could possess to 10, a two-week supply
for Mary Jane. The proposal was forwarded to the City Council without
recommendation.

"Don't make me a criminal," the woman said, implying she would either
buy on the streets or grow more than the legal amount.

In 1998, the Oakland City Council approved a law allowing a maximum of
144 marijuana plants. Last week, City Council President Ignacio De La
Fuente (San Antonio-Fruitvale) suggested Oakland establish an allowable
quantity similar to Berkeley, and limit qualified patients to 10 plants.

Outdoor marijuana plants produce an average yield of 4-6 ounces in
California annually, a city staff report said, citing several marijuana
experts. The same report said indoor plants can produce anywhere between
one-eighth to 3 ounces and be harvested three times a year.

Libby Schaaf, an aide to De La Fuente, said Oakland has higher plant and
possession limits than any other city in the state. A doctor could
provide a prescription for more under the new proposal but opponents say
many physicians are afraid of federal prosecution and won't do it.

"We believe the middle ground is 10 plants," Schaaf said. "We have
information that excess marijuana is being sold and we all know that
Oakland already has a drug dealing problem.

Citing public safety concerns, Schaaf said a warehouse with more than
200 plants was discovered a few blocks away from Lazear Elementary
School on 29th Avenue toward the end of last year.

Marijuana is worth up to $5,000 per pound.

"Because of the cash value of marijuana there are public safety hazards
that are associated with having high quantities," Schaaf said. "That's
why our recommendation for limits is there."

Last October, Oakland police along with agents from the federal Drug
Enforcement Agency, served a search warrant on a Berkeley home. They
found nearly 300 marijuana plants, more than three pounds of marijuana,
cocaine, hashish and several thousand dollars in cash, the report said.

Investigators said weapons -- including semi-automatic shotguns, a
high-powered assault rifle, and numerous handguns -- were strategically
placed throughout the house to defend against intruders.

"The District Attorney's Office informs us that the occupant is
currently claiming a "medical marijuana" defense and is relying on the
Oakland protocols as a benchmark," Schaaf said.

The proposal comes to the council on July 24, along with additional
research on existing policies in more than a dozen other cities and
counties.