MARIJUANA TESTS LAW OFFICERS

The legalization of marijuana for medical purposes has opened up a
whole new territory for law enforcement to enforce, and the boundaries
aren't always clear.

Montezuma County Sheriff Gerald Wallace and Cortez Police Chief Roy
Lane said they are eager for the state to finish writing rules and
regulations that will help them interpret and enforce the law. The
state has until July 1, 2011.

Even those with a medical marijuana card shouldn't be operating a car
while they are high, Wallace said.

"It's still driving under the influence of drugs," the sheriff said.
"We have honored the cards. We ask to see the cards. But if they don't
have a card but have sent in an application, we have to give the
belief that it will be approved."

People can't use medical marijuana anywhere, Lane said.

"It has to be in privacy," the police chief said. "You can't do it in
the park. Smoking inside a car is still in the public's view, so in my
opinion that's not allowed either. If they're stopped for traffic,
they have to produce the card if asked. If they don't have a card,
they're in violation of the law. Medical marijuana changes nothing if
you don't have a card."

People with medical marijuana cards can grow their own plants, and the
sheriff's office hasn't had problems with people in that group,
Wallace said. However, another aspect of medical marijuana does
frustrate him.

"If we seize marijuana plants, we have to keep them alive. And if the
defense prevails, we have to give the marijuana back," he said. "This
basically puts law enforcement in the role of growing marijuana. It's
just ridiculous."

The requirement to keep confiscated plants alive has made law
enforcement reluctant to seize marijuana unless it can be determined
immediately that it's illegal, Wallace said. If the sheriff's office
finds marijuana growing in the county, officers first try to find out
whose marijuana it is.

"Before we pulled any plants, we would need to do a lot of
investigation," he said.

The Cortez Police Department will "still enforce the marijuana laws as
they are," Lane said.

"I think the bigger issue is medical marijuana centers," he said. "Are
they going to be able to survive the new rules and regulations of the
laws, the amount of money for them to be licensed, the new law with
growing a certain percentage of what they sell? Until the (state)
health department comes out with rules and regulations, we don't know
exactly what that will entail or how it will affect anybody."

Cortez police have not had any problem with the six medical marijuana
centers in the city, Lane said. He also said he had no reason to think
the centers were selling illegally to those without a medical
marijuana card.

"I don't expect them to," he said. "Right now, if they get convicted
of a drug offense, they can't have a license and can't have a shop. It
stands to reason that they've got a lot of money invested in their
shop, so why take a chance?"

The public has a general perception that marijuana is running rampant,
Lane said.

"But if these places (medical marijuana dispensaries) want to stay in
business, they won't sell to anyone without a card, or they'll be out
of business," he said. "I've not had complaints from citizens, not to
me."

The city does require the dispensaries to install alarm systems to
help prevent theft.

If a person with a medical marijuana card is incarcerated at the
Montezuma County Detention Center, jail officials won't administer
medical marijuana to that person, Wallace said.

"If someone coming into jail has a medical marijuana card and has some
marijuana with them, we would take it and hold it in a separate area
and it would be given back on their release from jail," he said. "If
we did that (administer medical marijuana), we would have to give
peyote and other things that people say they need. It would just be a
crazy door."

A patient with prescription medicine necessary in a life-threatening
situation, such as insulin, will receive that from a doctor or nurse
who serves at the jail, Wallace said.

The sheriff said he would like to see rules and laws that enable each
person to know what part they play.

"With alcohol, you can measure how much is in the blood," he said.
"With marijuana, you can't test different levels."

Lane said he expects to see more laws.

"I don't think we've even seen the tip of the iceberg yet," he said.
"In the next five to six years, there will be changes in the law to
adjust to what is happening on the street. There will be new state
laws tweaking it. This is new territory because there's no court
decisions about this."

In Dolores County, Sheriff Jerry Martin said a charge of illegal
cultivation for growing marijuana was filed against a man who didn't
have a medical marijuana card or a caregiver license and had not
applied for either.

"It was dismissed because had he never applied," Martin said. "He more
than likely could have received a card because he has a medical
condition. It makes it hard for law enforcement to make a decision on
whether to go ahead with charging on that (illegal cultivation).
There's a lack of clarity in the law. It really makes the whole
scenario real complicated for law enforcement."