GILBERT POLICE: MARIJUANA ARRESTS INVOLVED OTHER CRIMES

Several recent Gilbert police investigations have ended with masked
Gilbert officers carting away marijuana plants and jars of pot from
medical-marijuana prescription cardholders.

Department officials, however, say they are not targeting the
patients.

Controversy last month followed Gilbert police officers' arrest of
several people on drug-possession and paraphernalia charges even
though they had valid medical-marijuana cards.

While a reading of the law, approved by voters last fall, appears to
grant those with the cards the ability to swap the drug among
themselves, Gilbert police say that isn't necessarily so. Some arrests
involved people who broke several other laws, police said.

"If someone is a cardholder and has marijuana, the law says that's OK
right now," said Sgt. Bill Balafas, a police spokesman. "The question
then becomes: How did they come across it?"

In May, Arizona Attorney General Tom Horne petitioned the federal
government to rule on the legality of the state's medical-marijuana
law. As a result, the state has yet to issue a single dispensary license.

Despite a handful of arrests, Balafas said Gilbert police are not
targeting medical-marijuana prescription holders.

"What some people are trying to do is get ahead of the law," Balafas
said. "We are giving direction to our officers that if (a member of
the public is) a cardholder and it's given legally, then they are
allowed to have it."

Chief Tim Dorn has declined repeated requests to speak on the
topic.

On June 9, Gilbert police responded to the home of Ross Taylor in the
7100 block of South Fawn Avenue after an informant told them that
Taylor might be selling marijuana from his home, according to a
recently released police report.

Taylor, who owns Cannabis Patient Screening Centers in Gilbert, Mesa
and Prescott, did not return messages seeking comment.

Taylor was in the process of moving into the home when 12 heavily
armed undercover officers executed a search warrant. Police detained
Taylor and three others, including a disabled woman.

Inside the home, police found three jars of marijuana, drug
paraphernalia and a jar containing hashish, which is derived from
marijuana, a police report states.

"Hash is not lawful even under medical marijuana," Balafas said.
"There is no way for us to know whether someone has a card ahead of
time. If we come to a house, give us a card or card number that we can
check out in a Web-based database. That will tell us if the person's
card is valid."

Police recommended that Taylor be charged with possession-related
offenses, including possessing a narcotic, marijuana and drug
paraphernalia.

Maricopa County attorney spokesman William Fitzgerald said charges had
not been filed as of Monday likely because prosecutors are awaiting
lab results on the suspected drugs.

On June 16, an informant tipped police that Garry Ferguson might be
selling marijuana through his Medical Marijuana Advocacy Group at 2011
E. Fifth St. in Tempe.

An ongoing drug case in Gilbert led investigators to the advocacy
group's office, Balafas said. A police informant told investigators
about witnessing people smoking the drug and drinking alcohol inside.

"There were so many different violations of law that (the informant)
just called the other detectives in at that point," Balafas said.

Ferguson denied any laws were being broken and said everyone inside
the business had a valid medical-marijuana card.

"They took all my plants and cash. They pretty much hurt me for
$4,000," Ferguson said, adding that Gilbert police "have declared
independence from the laws of Arizona."

Investigators detained eight people, including two with valid medical
cards.

Police recommended the county attorney charge Ferguson, Max Marler,
Jonathan Wisenhunt and Rachel Russell with various drug-possession
charges. A fifth person, James Rozzi, was arrested on outstanding
warrants from North Mesa Justice Court.

Fitzgerald could not determine whether prosecutors have filed
charges.

On June 20, a police officer pulled over Steven Pickett at about
midnight near Mission Bay and Val Vista after they said he failed to
stop while leaving a private drive, Balafas said.

Pickett admitted to having marijuana in his vehicle, but produced a
valid prescription card. He admitted to smoking earlier in the day,
but the arresting officer determined the drug impaired his ability to
drive, Balafas said.

"We seized the marijuana. We are always going to seize the impairing
drug, whether that'd be prescription or not," he said.

DUI charges against Pickett were pending.

"If someone has a valid card and has less than 2.5 ounces (of
marijuana) and is acting within the law, we have to respect that
right," Balafas said.