THE POLITICS OF POT: VAGUE LAW MEANS ACCESS TO MARIJUANA VARIES

CHICO -- Californians access to medical marijuana has everything to
do with their zip code.

Right now, for the residents of Chico and Butte County, there is no
legitimate storefront to procure marijuana.

Redding, just 75 miles north, has 19 medical marijuana dispensaries.

Chico patients must grow their plants themselves, join a collective
that grows for them or engage in illegal activity if they wish to
medicate themselves with marijuana.

Why?

It all comes down to the law that made medical marijuana legal in the
first place.

Proposition 215 provides very few guidelines for law enforcement
officials or medical marijuana users, leaving enforcement subject to
court decisions and the leanings of municipalities.

With just a few hundred words, the law is vague, said Butte County
District Attorney Mike Ramsey and confusing for police and the
public, a notion Chico Police Chief Mike Maloney agrees with.

"Proposition 215 and SB420 did not address all the issues that law
enforcement and society would expect to face," Maloney said.

For example, there is nothing in the law about the amount of
marijuana one can possess or how it can legally be obtained, an
omission that burdens cities and counties across the state.

For Chico, those questions are coming to the forefront, with the City
Council expected to weigh in soon on regulations for residential
marijuana grows as well as dispensaries.

But even if the council determines particular areas within the city
for dispensaries, the question of whether they are permissible comes
down to one individual: Mike Ramsey.

As the chief law enforcement official in the county, he interprets
the state's laws and court decisions.

Ramsey's opinion on what is and isn't permissible by law drives the
type of cases that are prosecuted in the county.

And in his opinion, any cash exchange for marijuana is tantamount to
criminal conduct.

"You can't zone for illegal uses," Ramsey said. "You can have
legitimate cooperatives or collectives growing in a commune style.
But storefront dispensaries are illegal."

Ramsey said the spirit of collectives and cooperatives is to provide
help to those who cannot grow medicinal marijuana on their own.

Caretakers are also allowed to participate in the process on behalf
of patients, but Ramsey said dispensaries cannot take on the role as
caretaker and cooperatives are only supposed to grow marijuana for a
closed set of patients.

"The cooperative or collective can grow marijuana, but there is no
provision for the distribution or sale of marijuana," Ramsey said.
"You cannot sell marijuana."

There is likely no law enforcement official in the state that will
argue that the sale of marijuana is legal.

But there are many who interpret the law differently than Ramsey and
see dispensaries as legitimate operations.

In Humboldt County, where there are a handful of dispensaries,
District Attorney Paul Gallegos said to his knowledge no dispensary
owners have faced criminal prosecution from his office.

Gallegos, who said he voted for Proposition 215, agreed with Ramsey
the trouble with enforcing the law is that Proposition 215 is "murky"
and provides no "clear cut guidelines."

"When the law gives that much discretion you see very different
applications," Gallegos said. "You get varied perspectives."

But while he wouldn't go as far as labeling dispensaries legal,
Gallegos did say he doesn't perceive a problem with the purchase of
marijuana, as long as an entity isn't making a profit.

"The law actually allows the exchange of cash; it allows for just
compensation," Gallegos said.

Gallegos said he has yet to see any evidence of a dispensary in
Humboldt County violating this premise and said no local law
enforcement officials have brought him concerns over illegal activity
at dispensaries.

He added that even if there was suspicion that illegal activity was
occurring at dispensaries, law enforcement officials have a tough
burden of proof in prosecuting cases because of Proposition 215.

Collecting sufficient evidence for prosecution could drain resources
for a problem that doesn't necessarily bring a high level of concern
to the public's safety, Gallegos said.

"It's marijuana," Gallegos said. "It's not the crime of the century."

Gallegos said his role as a district attorney is to enforce the law
in a manner that balances the rights of individuals, and said when it
comes to medical marijuana, he strives to protect the rights one has
to assuage their personal pain.

"I believe the alleviation of suffering is a worthwhile goal," Gallegos said.

But, for those who see legitimacy in dispensaries, Ramsey sees a play
for political power.

He said he discussed the criminality of storefront dispensaries with
a district attorney in the Bay Area.

Ramsey said the DA there conceded that dispensaries are illegal, but
said he held an allegiance to his constituents, who overwhelmingly
support dispensaries.

"Basically he told me he was not going to enforce the law," Ramsey said.

Which to Ramsey, only exemplifies another belief of his.

"Medical marijuana is more about politics and profit, than medicine,"
Ramsey said.