MEDICAL MARIJUANA CASES BECOMING WEEDY ISSUES

Lawsuits Filed By Users And Recalls Targeting District Attorneys Are Growing

Lawsuits and legal actions alleging abuses under California's Compassionate
Use Act are becoming more common as medical marijuana users continue to
balk at what they say are arbitrary rules enforced by local anti-drug warriors.

At the same time, more medical marijuana users appear to be fighting
criminal charges, rather then settling for reduced charges.

Already one district attorney, Paula Kamena of Marin County, faces a May 22
recall election over her allegedly "inhumane" interpretation of Proposition
215, approved by California voters in 1996.

At least three other district attorneys are unofficial recall targets named
by the American Medical Marijuana Association, which helped get the Kamena
recall onto the ballot.

Jay Cavanaugh, the nonprofit group's Los Angeles coordinator, helped
orchestrate the Kamena recall vote and helped target district attorneys in
Shasta, Placer, El Dorado, Sonoma and Calaveras counties.

In Shasta County, District Attorney McGregor Scott, Sheriff Jim Pope and
other county officials face two lawsuits. Tehama County and its sheriff,
Clay Parker, were sued last year on behalf of seven medical marijuana
patients whose crops were destroyed in 1999.

At least nine lawsuits are pending in Placer County, where drug agents
allegedly planned raids after staking out the parking lot of a Sacramento
gardening supply store that specializes in hydroponics and organics.

Placer County drug agents are accused of recording license plate numbers
belonging to store customers, then tracing their owners through the state
Department of Motor Vehicles. Armed with addresses, the investigators
checked power usage records; and using warrants based on allegedly
fabricated evidence, they raided at least 70 homes suspected of housing
marijuana gardens or stashes.

Among those busted were Michael Baldwin, a dentist, and his wife, both of
whom had recommendations for medical marijuana use. In 1999 a jury
deadlocked on the charges against the couple, but Placer County District
Attorney Bradford Fenocchio said they would be prosecuted again.

District attorneys, police and deputies blame Proposition 215's "vagueness"
for their enforcement problems. The law set no limits on the number of
plants a patient can grow or possess, or on the size of the plants.

On Feb. 7 state Sen. John Vasconcellos, D-San Jose, reintroduced a bill
that would specify amounts allowed and establish a statewide registration
system for medical marijuana users. Similar proposed legislation died last
year.

Two weeks ago, the California Supreme Court agreed to decide whether
Proposition 215 creates automatic immunity from prosecution or can only be
offered as a defense once a person is charged.