JURY BACKS PROP. 215

The acquittal of "Sister" Somayah Kambui by a Los Angeles jury on
marijuana cultivation charges should serve as yet another signal that
it is time for local authorities to cooperate and work with medical
marijuana patients rather than try to prosecute them.

Although police testified that Ms. Kambui had 200 pounds of marijuana
growing in her South Los Angeles back yard - which apparently included
the dirt on the roots when the plants were pulled out of the ground -
a jury acquitted her on five counts Monday.

The jury apparently believed that Ms. Kambui, who has sickle-cell
anemia and a recommendation from a licensed physician, was a bona fide
patient covered by Proposition. 215, the medical marijuana law passed
by voters in 1996.

They may also have wanted to send a message to police and prosecutors
that in this time of heightened concern over terrorism they should
stop harassing sick people who are trying to exercise their rights
under California law.

Ms. Kambui had plants seized in July, with no charges filed, and again
in October when she was charged.

Police and prosecutors say they have a dilemma because Prop. 215 (now
Section 11362.5 of the Health and Safety Code) does not put a
numerical limit on the number of plants a certified patient may grow
and thus they have no guidelines.

The Modesto Bee Sunday ran a story about a Modesto man arrested for
having 150 plants in his back yard. The district attorney's office
declined to prosecute because it hasn't been able to get juries to
convict people with a doctor's recommendation on cultivation charges.

Beginning March 29 we will see how Orange County prosecutors fare with
Marvin Chavez, a patient who was growing plants in his Santa Ana back
yard.

The best way to handle the problem is to set up a voluntary
registration and identification system, as San Diego recently did.

The law does not specify a number of plants, but a registration system
could set limits and provide records for police to check when deciding
whether to treat a cultivator as a patient or illicit grower.

Orange and Los Angeles Counties should study the San Diego model and
do something similar.