MEDICAL POT FIGHT WAFTS INTO VALLEY

State, U.S. Authorities Take Opposing Stances On Seizure

CHOWCHILLA -- Police Chief John Robinson found himself in state and federal
crossfire Monday over the use of medical marijuana.

And when the smoke cleared, Chowchilla resident Michael Celli still didn't
have his marijuana back.

Nearly a pound of pot sits in a Chowchilla Police Department evidence
locker awaiting seizure today by federal drug agents, despite a Madera
County Superior Court order to return the marijuana to Celli, who uses the
drug to cope with chronic migraine headaches.

Robinson planned Monday to return the large bag of marijuana taken from
Celli, 42, during his April 25 arrest in possession.

But the chief was uncomfortable handing it over. So Celli and his attorney,
William McPike, waited nearly 90 minutes while Robinson made a conference
call including federal Drug Enforcement Agency officials, Madera County
District Attorney Ernest LiCalsi and Chowchilla's city attorney.

When the call was over, Robinson stepped from his office and told Celli he
wasn't getting his pot back.

"Basically, it goes against federal law," Robinson said. "Federal law takes
precedent over state law when it comes to these type of operations."

California voters in 1996 legalized marijuana for medicinal use. The law
has been challenged in state and federal courts.

Robinson said he's following a U.S. Supreme Court decision two years ago
that declared the state law does not take precedence over federal law.
Basically, he said he's refusing the Madera County court's order to comply
with state law because the Supreme Court says he must follow federal law.

Richard Meyer, a DEA spokesman, said marijuana use of any kind is illegal
in the eyes of the federal government: "The DEA does not recognize medical
marijuana because there is no such thing. Marijuana is a dangerous drug
that should remain illegal."

Robinson's worried that he could be charged unless the marijuana stays in
police hands.

"If I was to release the marijuana to [Celli], I could be charged federally
with distributing marijuana. The federal statute in this case took
precedence of whatever state order was issued," he said.

Celli said the chief's actions were not surprising. Monday was the third
time he's tried to reclaim his marijuana.

"I knew they were going to do something like this," he said. "This means I
have to go through a lot of problems and have to go through court again."

McPike, an Auberry attorney, claims the Madera County court dealt with the
federal law issue when it ordered the pot returned.

He cited a California Supreme Court decision last year saying the state
voters' decision to allow medical marijuana made the federal law irrelevant.

"I think we're within the law, and I think this is just a tactic, a
runaround tactic, that we've been experiencing up here in Chowchilla,"
McPike said.

McPike said he will continue to fight Robinson and his department in court.
Celli said he is willing to do whatever it takes to have his use of
marijuana recognized as a medical need.

Celli, a former Raymond Granite worker, said he didn't have much of a life
before he learned to manage his migraines with marijuana.

Several accidents that caused concussions left him subject to the headaches
several times a day.

The pain makes him feel as if his head will explode, forcing him to avoid
noises and light. Sometimes he can't see, he said. Prescription
painkillers, muscle relaxers and sleeping pills help alleviate the pain,
but leave him feeling so groggy that he just lies around the house.

Celli said he began using marijuana two years ago and his life changed.

"It takes away the pain almost completely," he said. "It relaxes you, but
nothing like the pills."

He said he buys his marijuana at the Oakland Cannabis Buyers Cooperative,
paying as much as $300 an ounce.

DEA spokesman Meyer said such co-ops are operating illegally throughout the
Bay Area. The DEA wants to close them but has limited manpower focusing on
cocaine and methamphetamine production and distribution.

"Cannabis co-ops should not be surprised if we show up at their doors one
day with a court order to search their premises," he said.

Meyer said cards issued by the co-ops and carried by medical marijuana
users hold no legal status in the eyes of the federal government.

Celli showed officers his card, which he said proved he had medical
recommendations to use the drug, after they found about 6 grams of
marijuana in his car on April 25 while they were issuing a citation for
illegal parking.

He admitted to officers he had more in the car and told them he used the
substance for medical reasons. Officers then uncovered an additional 471
grams, leading to Celli's arrest on possession with intent to sell.

An officer's response to his cannabis card fuels Celli's desire to prevent
other medical pot users from suffering the same fate.

"He looked at me and laughed," Celli said. "He said, 'That doesn't mean
nothing to me.' "