DA COMPLIMENTS AG FOR CLEARING THE HAZE AROUND 215

The state's new medical marijuana guidelines will help bring more
clarity to Proposition 215 cases, giving the county more tools in its
struggle to curb abuse of the law, Humboldt County's district attorney said.

"There's some good stuff in there for us to efficiently punish people
who are abusing the law," District Attorney Paul Gallegos said.
"There are members of this community that are making money, that are
benefiting from the laws and the people of this community, that are
giving nothing back."

The Office of the Attorney General's guidelines, released Monday,
include regulations on the amount of medical marijuana a patient or
caregiver can possess as well as how law enforcement should proceed.

Gallegos said he is planning on meeting with his staff to decide how
his office will interpret the new guidelines, but he is pleased with
the AG's decision to clear up Proposition 215's ambiguity.

Gallegos said the guidelines shouldn't have much of an impact for
legitimate 215 patients.

"It sort of mirrors what we've been saying," he said, adding that
Humboldt already will not prohibit criminal defendants and
probationers from using medical marijuana if they are 215 patients.
However, state and county guidelines do prohibit any use at a jail,
correctional facility, or other penal institution.

Other issues, such as the seizure of excess marijuana, are different.
While Gallegos said he favors taking only excess medical marijuana
from qualified patients, the state guidelines allow law enforcement
to seize all marijuana if it is over the limit, even if the patient's
status is verified.

According to the guidelines, patients and caregivers may possess up
to 8 ounces of dried marijuana, and may maintain no more than six
mature plants or 12 immature plants, unless a doctor recommends more.
The guidelines also allow counties to designate higher limits.

Humboldt County guidelines allow patients or caregivers to cultivate,
grow and consume up to 3 pounds of medical marijuana per year, while
also allowing for a 100-square-foot canopy of mature female plants to be grown.

The AG guidelines state law enforcement must honor a state-issued
identification card, but a person carrying only a local
identification card or a recommendation from a licensed physician is
subject to more scrutiny and seizure.

According to the Humboldt County Department of Health and Human
Services, there have been 222 cards issued in the county since
January. The cards must be renewed each year.

The guidelines also clarify that medical marijuana transactions are taxable.

"Taxation -- that is very important to us. We've modified our
investigation to do financial investigations," he said.

By comparing assets and income, the county can weed out illegal
growers from legitimate ones, he said.

"It gives us a weapon, I think, that we didn't have," Gallegos said.