ANGELS CAMP POLICE DEPARTMENT RETURNS MAN'S MEDICAL MARIJUANA

Going against its own policy, the Angels Camp Police Department
returned several containers of marijuana to a 21-year-old man in
February who said he was falsely accused of possession,
transportation and sales.

The man lives in Mountain Ranch and asked that his full name not be
used, opting to be referred to only as "Frank." He was pulled over
by Officer Jim McKeon of the Angels Camp Police Department Nov. 22
in the Angels Town Center parking lot for expired registration on
his vehicle, according to the police report.

Angels Camp Police Chief Dale Mendenhall said that Officer Chris
Johnson arrived on the scene and smelled the odor of raw marijuana
and saw some marijuana inside the car in plain sight.

When asked whether he had marijuana in the car, Frank told the
officers that he did and had procured a valid recommendation from a
physician that allowed him to have up to 3 pounds, the report said.
Frank said that he did not give the officers permission to search
his car and denies marijuana being in plain sight, adding that his
medicine was sealed inside a scent-proof Mylar bag.

Frank's car was searched and four individual packages of marijuana
were found in his trunk along with a digital scale and grinder, some
cash and a flyer advertising a burgeoning medical marijuana
collective, according to Mendenhall.

Calaveras County District Attorney Jeff Tuttle said that a scale,
small packages of marijuana, cash and a pay-owe sheet are all signs
his prosecutors look for when determining if an individual is
selling marijuana.

Frank did have several small glass containers with a total of
roughly 3 ounces of marijuana inside, a small grinder and a digital
scale, the report said; however, he did not have a pay-owe sheet or
large amounts of cash.

While in the past possession of such items was incriminating, that
is no longer the case, according to Tom Liberty of San Andreas,
organizer of Calaveras Patient Resources (a group that shares
information about medical marijuana use and makes its goal to ask
law enforcement to enforce California state law).

As dispensaries became commonplace and marijuana prices remained
high, patients began carrying scales with them to make sure they
didn't get ripped off, he continued.

He also said that many medical marijuana patients carry their
medicine in separate containers because there are many different
types of marijuana that have noticeably different effects.

In the parking lot Nov. 22, Frank was detained without arrest for
several hours while officers asked him questions and waited for
Detective Steve Avila to arrive from the Calaveras County Sheriff's
Office, he said.

Frank said he told the officers numerous times that he was a
legitimate medical marijuana patient, was not a drug dealer and was
confused as to why he was being detained.

Liberty said that well-trained officers should have been able to
determine that Frank was a medical patient and nothing more.

He pointed out what he said were the most obvious signs: The
marijuana was stored inside glass containers instead of plastic
baggies (the most common way marijuana is sold on the street); none
of the marijuana was pre-weighed for sale; and it is extremely rare
for a drug dealer to sell pre-ground pot on the street and there
was a grinder with the marijuana in Frank's car.

"Either the police knowingly arrested a person who they knew was not
guilty of what they were charging him with, or they are untrained to
the point of not being able to distinguish legal personal use from
sales," Liberty said.

Mendenhall backed up his officers, stating that their actions were
appropriate for the situation and adding that possession of
marijuana is not legal - Proposition 215 just gives individuals a
defense and the court will not prosecute someone who falls under the
medical marijuana guidelines.

"Generally, in most cases they will not be arrested. If they are
meeting the guidelines set forth and the doctor recommends a certain
amount and they have that amount in their possession or close to
that, it's a judgment call at that point," he said.

Helping ACPD officers make that judgment call was Avila, who is
involved with many marijuana cases in the county. After Avila
finished the questioning, Frank was arrested and booked into the
Calaveras County Jail, where he spent two days. The district
attorney declined to press charges and Frank was released.

He then, with the help of Calaveras Patient Resources, initiated the
process that would ultimately lead to the unprecedented return of
his medical marijuana from ACPD without a court order.

Frank and Liberty both approached Mendenhall to request that he
return the marijuana and were told it would not be done without a court order.

"The very last line of our policy states that no marijuana will be
returned without a court order," Mendenhall said.

In similar cases, police departments have argued that marijuana
cannot be returned because it would violate federal guidelines
because they would be returning an illegal substance.

Liberty said that he researched similar cases and knew he had the
law on his side, adding that he was willing to hire an attorney if necessary.

"What the court found was that federal guidelines didn't have
anything to do with anything and to keep this person's property
would violate due process," Liberty said, "So I knew that Frank had
a legal right to his medicine."

Liberty contacted the Angels Camp City Hall on Frank's behalf and
his request reached the desk of the city's legal adviser. After
reviewing the case, Richard Matranga recommended that the ACPD
return Frank's medicine.

Though Mendenhall said he was adamantly opposed to doing so, he
relented and followed Matranga's advice.

"He agreed with the D.A., finding that he (Frank) was within the
scope (of the) compassionate use act and that we should return it,"
Mendenhall said. "I disagree with them. If anybody violated any
policies, it's me violating my own policy.

"I only know of one time when we returned the drugs. This one case
may be the only case. As a rule, I'm not going to return the
marijuana unless you've got a court order ordering me to do so."

Liberty views the medical marijuana return as a victory for medical
marijuana patients in Calaveras County and said he is pleased to see
the police department following the law.

Looking back on the experience, Frank said that he still can hardly
believe that his medical marijuana was returned.

"It was surprising because I really didn't think it would happen for
me like that," Frank said. "I feel like (I'm) not that significant
in the county; I'm no one that special. I think that was a pretty
big thing being the first one. I hope everybody notices that I did
get it back and it wasn't illegal, and I hope someone learned
something from this besides me."