Climbing Pot Mountain

MEDICAL USERS FACE PERSECUTION FROM LOCAL LAW ENFORCEMENT

As an attorney who has been defending medical marijuana patients in
Monterey County for 15 years, I was extremely surprised to read the
article here two weeks ago describing local law enforcement as
"thoughtful, forward thinking people who appreciate nuance and
exhibit common sense" with medical marijuana. ("Sticky Stuff," Jan 20-26).

The truth is that most Monterey County police departments, and the
district attorney, have been extremely hostile to the medical
marijuana law ever since it was passed. The police departments have
essentially ignored the law. They continue to arrest qualified
patients, ignore their doctors' recommendations, confiscate their
medicine and refer the cases to the district attorney for
prosecution. The district attorney, who should be rejecting these
cases, instead files criminal charges against documented patients,
forcing innocent people to fight it out in court. The judges will
eventually dismiss the cases, but only if the patient is willing to
put up a fight.

Monterey County is one of the worst in the state for medical
marijuana patients. Almost every county north of Monterey is more
compliant with state law and more understanding of the needs of the
patients. The very fact that so many lawful, documented medical
marijuana patients have to hire me as a lawyer should tip you off to
the fact that something is very wrong here.

The only medical marijuana dispensary that ever dared to open in this
county was quickly declared a "nuisance" and ordered to close. In 15
years, no other dispensary has ever been allowed in Monterey County.

In 1996, California voters passed the Compassionate Use Act,
legalizing the use of marijuana for medical purposes. Now, 14 states
have medical marijuana laws. Although the state laws conflict with
some federal laws, the federal government now recognizes and allows
all 14 states to have medical marijuana laws without federal interference.

When local police claim that there is "confusion" about the law, they
are laying a smokescreen to conceal their personal disapproval and to
create an excuse not to follow it. There is no real confusion about
the California law. It has been on the books for 15 years. It's been
to the Supreme Court and back. It was re-affirmed by the Legislature
in 2003. Go online and take a look at California Health and Safety
Code sections 11362.5-11362.9.

MONTEREY COUNTY IS ONE OF THE WORST IN THE STATE FOR MEDICAL
MARIJUANA PATIENTS.

The police promote confusion when they say things like "a doctor's
certificate is only a recommendation" or "you are not legal unless
you have a state I.D. card." The law is exactly the opposite. The
doctor's recommendation is not just "a recommendation." It is the
only documentation required [sec. 11362.5(b)(1)].

The state I.D. card is never required [sec. 11362.71(f)]. The reason
the police push the state I.D. card is because it forces the patient
to file his confidential medical records with the state [sec
11362.715(a)(2)] and file new medical records every year to renew
(sec. 11362.745). Few people sign up for the state I.D. card because
it is not required and because it is a huge invasion of privacy.

When they say that the laws and regulations "vary by county," that is
another smokescreen. The California medical marijuana law is exactly
the same for every county. This is a state-wide law. Some cities use
local zoning regulations to keep dispensaries out, but the law that
protects legitimate patients is uniform throughout the state.

What varies from county to county is the attitude of the police and
prosecutors. Monterey County is unfortunately a throwback.

If a patient has a recommendation, the local police demand to see an
I.D. card. If the patient has a card, the police demand medical
records. If there is any doubt, the police make the arrest and seize
the medicine.

I laughed when I read that prosecutors say: "We are not in the habit
of going behind the doctor's recommendation." That is exactly what
they have been doing in court for 15 years.

The police have tremendous political power. When the district
attorney and judges are up for election, they know the most important
endorsement they can get comes from the police. So, when the police
want to pretend that the medical marijuana law does not exist, most
DAs and many judges go along with the charade.

It is time for the law enforcement establishment of Monterey County
to start following all the laws, not just the laws they like. Once
they do, the citizens of Monterey County will begin to enjoy the same
protections that their neighbors do.