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News (Media Awareness Project) - US CA: S.C.'s Tight Medical Pot Rules Protect Users and Law
Title:US CA: S.C.'s Tight Medical Pot Rules Protect Users and Law
Published On:2009-07-04
Source:Santa Cruz Sentinel (CA)
Fetched On:2009-07-05 17:06:33
S.C.'s TIGHT MEDICAL POT RULES PROTECT USERS AND LAW ENFORCEMENT
AFTER RECENT COURT RULING

SANTA CRUZ -- A state appeals court in Sacramento this week ruled
that medical marijuana patients can sue over raids by local law
enforcement, but county authorities aren't too worried as local rules
spell out when and where such raids are allowed.

"It's the sheriff's department's policy to protect medical marijuana
patients," said Sgt. Mark Yanez with the Santa Cruz County Sheriff's Office.

However, he said, when patients break rules or use their medical
cards to cover up illegal drug sales, his department still cracks down.

Wednesday's ruling came from the 3rd District Court of Appeals in
Sacramento, and addressed a Butte County lawsuit filed after a
sheriff's deputy there ordered a member of a medical marijuana
collective to destroy three-quarters of the more than 40 plants on
his property or be arrested, according to media reports. The man
complied, then sued for damages against the county and the deputy.
Wednesday's decision gave the man permission to carry his case forward.

Medical marijuana is legal under state law but illegal under federal
law, although the Obama administration has said it does not plan to
file charges against medical marijuana cooperatives.

Yanez said he doesn't expect Wednesday's court ruling to affect his
department because "when we do an investigation, we do a thorough
one." Often, he said, the violators are obvious: "We've had people
renting houses for $5,500 a month and they have no job. They're
traveling the world and living like rock stars," and using medical
marijuana cards as a front to grow marijuana and sell it illegally.

Raids are nothing new in Santa Cruz, though, although situations have
varied from the most recent one in Butte County.

For example, a 2002 raid at the Davenport home of Valerie and Mike
Corral, founders of medical marijuana collective Wo/Men's Alliance
for Medical Marijuana, was conducted by federal officers.

The Corrals also sued, although the two were released and never
charged. A federal judge last year issued an injunction against
interfering with the Corrals' marijuana garden and nonprofit
collective, and they continue to provide for terminally and
chronically ill patients.

Last year, Santa Cruz police raided a Pacific Avenue storefront that
claimed to be an advocacy group for medical marijuana patients but
which officers said was a front for illegally selling pot. Five men
were arrested, while two pounds of marijuana, packaged for sale, hash
and baked goods were confiscated.
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