SOME SANTA CRUZ POT USERS, SELLERS FIND LOOPHOLES IN STATE'S MEDICAL
MARIJUANA LAWS

SANTA CRUZ -- Half the calls to criminal defense attorney Ben Rice
are people busted for growing, selling or using marijuana.

Rice has developed a reputation for protecting the rights of those
who buy and sell the drug under the 10-year-old state law that makes
marijuana legal for sick people.

While most of those seeking Rice's services are legitimate medical
marijuana patients or caregivers, he estimates 30 percent are not.
These people aren't sick, he says, and are simply trying to hide
behind the Compassionate Use Act for recreational or profit-making reasons.

"Absolutely, no question about it, some people do take advantage of
the law," Rice said during an interview at his Soquel Avenue office.
"There are some people who have no medical defense, and I tell them, 'No.' "

Authorities say they regularly see perfectly healthy people, some
found with several pounds of marijuana, claim the drug is for a sick
friend or relative.

The problem, authorities say, is proving otherwise.

Shades of Gray

Proposition 215, passed by voters in 1996 and known as the
Compassionate Use Act, set the stage for sick Californians to legally
use marijuana.

Senate Bill 420 came along in 2003, attempting to set definitive
rules and guidelines about who can sell the drug.

But the laws neither clarify who qualifies as a medical marijuana
patient nor what exactly the terms are for selling the drug to
patients -- two gray areas that have opened the law to the most
abuse, authorities say.

For example, one part of SB 420 says medical marijuana caregivers
should be allowed "reasonable compensation," while another section
says medical marijuana sales should be done as nonprofit.

Another example: The Senate bill created a voluntary identification
card system that protects patients and caregivers from being harassed
or arrested when they show the card to police. But the voluntary
element allows many people to claim a medical alibi even when they
don't have an identification card or doctor's recommendation.
Attorneys like Rice say that's OK.

Ambiguities in the laws force police to let many people off scot-free
because it's often difficult to prove guilt beyond a reasonable doubt
in a court of law, said sheriff's Sgt. Steve Carney, the head of the
county's Marijuana Enforcement Team.

Out of 10 people stopped on suspicion of marijuana crimes in the
county, only two cases are sent to the District Attorney's Office on
average, Carney said.

A lot of cases are dropped because the district attorney feels the
case won't win in court, he said, especially in this area where many
residents are sympathetic to the cause.

"The percentage we deal with that I believe are truly legitimate is 1
percent," Carney said.

In addition to the gray areas, there are parts of the law that can be
confusing for law enforcement officers.

There are no state regulations for cultivation or distribution of
medical marijuana, and California leaves guidelines up to local jurisdictions.

They can vary widely from county to county.

Under Santa Cruz County law, a patient or caregiver is allowed three
pounds of the drug each year. Half a pound of pot equals roughly 300
joints, experts say.

In It for the Money

Prosecutors say cases like that of Edwin Hoey, which is now going
through the local legal system, are an example of someone hiding
behind the medical marijuana law for profit.

Hoey, a Santa Cruz man, was arrested in December when deputies found
100 pounds of marijuana at his residence during an investigation. His
attorney, Rice, claimed Hoey was providing pot for local medical
marijuana dispensaries.

However, more than $500,000 in cash and a French wine collection
valued at $150,000 found in Hoey's possession lead prosecutors to
believe he was selling marijuana to make a big profit. They say he
sold pot to non-medicinal customers on the East Coast.

Hoey has been charged with three counts of selling marijuana.

"He was taking advantage of the medical marijuana law," prosecutor
Pamela Kato said. "This really is a case of greed. It's a travesty of the law"

Rice denies Kato's assertion, saying "the vast majority" of Hoey's
marijuana was intended for people with a medical need.

Legal Limbo

But using and selling marijuana, medical or not, is still a federal crime.

California's law flies in the face of federal law, which considers
marijuana an illegal and dangerous drug.

Federal agents have refused to recognize California's medical
marijuana law as legal. In some cases the feds have raided California
pot gardens and dispensaries.

Earlier this month, federal agents raided nearly a dozen medical
marijuana clinics in the Los Angeles area, seizing several thousand
pounds of marijuana, weapons and cash.

Two medical marijuana stores exist in Santa Cruz, both located in the
Harvey West business area, for patients to buy the drug.

Ken Sampson, owner of Santa Cruz Patients Collective on Limekiln
Street, says he tries to prevent people from breaking the law.

Sampson said he's turned away dozens of people who didn't have a
doctor's recommendation or proper documentation during the seven
months his dispensary has been in business.

"I've kicked many people out," said Sampson, himself a medical
marijuana patient. "It has to be a verified recommendation. We don't
let them past the waiting room"

The state Attorney General's Office agrees abuse of the medical
marijuana system is widespread because the unclear laws leave plenty
of room for cheating.

"The medical marijuana law left a lot to be desired in terms of
clarity," said Nathan Barankin, spokesman for the state Attorney
General's Office. "There's more work to be done"

Many in the legal community hope the ambiguities of the law will be
sorted out in the courts.

Several cases regarding medical marijuana are currently pending in
the courts to help determine parameters for users and caregivers.

Kato, the county prosecutor, said clearer rules would make her job
easier and put more people behind bars.

No other state medical marijuana-related bills are in the works at
this time, however the deadline to propose legislation for this year
is Feb. 23.