INLAND MEDICAL MARIJUANA USERS RUN AFOUL OF CODE ENFORCEMENT LAWS

Local law enforcement agencies, similar to many across the state, are
treading a more careful path with medical marijuana users since an
appellate court decision this year struck down a state law that set
specific limits on the amount of marijuana patients can possess.

This month, Murrieta code enforcement and police officers shut down
what they described as an illegal medical marijuana dispensary and
warehouse growing facility. They did not arrest the operator or seize
any marijuana. Instead, they cited him for code enforcement violations.

In Lake Elsinore last week, code enforcement officers cited two
storefront medical marijuana dispensaries, one of which was preparing
to open and another that was in full swing selling marijuana and a
variety of cannabis-containing "edibles."

Murrieta police and code enforcement officers have shut down a
marijuana grow in an Adams Avenue business park.

Both cities have banned dispensaries.

Similar cases involving medical marijuana grows and dispensaries have
been playing out in recent months in the Inland area, law enforcement
officials and medical marijuana advocates say.

The law regarding medical marijuana already is conflicting and
confusing, in no small part because there is no medicinal exception
under federal law. If California voters approve a ballot initiative
in November legalizing possession of small amounts of marijuana for
recreational use, the situation stands to get even more complicated,
police said.

Chief Deputy Jerry Williams said the Riverside County Sheriff's
Department is waiting till the end of the year to re-evaluate its
policy on medical marijuana.

In the meantime, code enforcement has become one of the most
effective tools against those suspected of abusing the medical
marijuana law, he said.

"We're just being kind of cautious," he said. "We're still enforcing
the obvious."

LAW STRUCK DOWN

In 1996, California voters approved Prop. 215, the Compassionate Use
Act, which allows a patient to possess or grow marijuana for personal
medical purposes with a recommendation from a doctor. About seven
years ago, the state Legislature passed a law capping the amount at 8
ounces of dried marijuana and six mature or 12 immature plants,
unless a patient has a doctor's recommendation for more.

The appellate court ruled in January that the state did not have the
authority to amend the Compassionate Use Act without approval from voters.

"It's a convoluted mess," said Murrieta police Lt. Dennis Vrooman.
"It's kind of opened the door for people that are not just in it for
medical purposes."

Murrieta police Sgt. Julie Hoxmeier said authorities now are more
reluctant to seize marijuana from people claiming to be medicinal
users, for fear they could be on the hook for damages if a judge
orders the return of perishable marijuana and plants months later.

Temecula resident Martin Victor, a medicinal user who was growing
marijuana in his backyard for his co-op, ran afoul of the law in 2008
for having too much marijuana. Sheriff's deputies seized both dried
marijuana and plants.

In December, a judge threw out criminal charges against Victor.

Earlier this month, Victor's marijuana was returned -- what was left
of it. The dried marijuana was too old to use, Victor said, and the
plants, boxed up for more than a year and a half, were a mass of mildew.

Victor and his fellow collective members have sued the Sheriff's
Department in connection with the seizure.

Sheriff's Capt. Andre O'Harra, who serves as Temecula police chief,
said he could not comment on the Victor case because of the litigation.

SHUT DOWN

In the Murrieta operation targeted this month, an unidentified
informant had reported to authorities that the occupants of a
business park warehouse were growing marijuana to start a dispensary,
Hoxmeier said.

Soon after, police were called out to the Adams Avenue property
because of a disturbance involving a former business partner trying
to retrieve his belongings, court documents said.

Thomas Wiggins Jr., who leases the space, told officers the building
housed a medical marijuana growing operation but declined to allow
them to inspect it, court records say.

Officials obtained an inspection warrant from a judge and returned
May 6. There was little marijuana to be found, but the space was
equipped to grow a large number of plants. Police said unsafe
modifications had been made to the ventilation and electrical wiring.

Code enforcement had the electricity to the building shut down,
effectively shuttering the operation.

Wiggins was cited for operating a medical marijuana dispensary,
operating a business other than what he is licensed for and violating
several building, fire and construction codes, court documents say.
The fines totaled about $12,000.

Hoxmeier said Wiggins was licensed for retail sale of hydroponic
gardening supplies and operating an organic gardening education center.

Reached by phone, Wiggins said city officials' characterization of
his operation was inaccurate. Wiggins, a medical marijuana advocate
who has lobbied Temecula officials to allow dispensaries, said he was
growing marijuana for a licensed dispensary in Palm Springs.

Wiggins said he was surprised to face such costly fines, considering
the marijuana plants had been removed by the time officers inspected.
Wiggins said he was closing down because of the falling out with his
business partner.