HEALDSBURG POT USER FACES CHALLENGES GETTING PUBLIC ASSISTANCE AFTER ROBBERY

Michael Steffens gets a little nervous these days when he hears car
wheels coming up his rural Healdsburg driveway or one of his dogs
barking at the window.

A little more than two years ago, the 51-year-old carpenter was the
victim of a home-invasion robbery in which he was tied up and beaten
by four men who dressed as police officers.

Steffens survived and the men were quickly caught and
punished.

But unlike other victims, Steffens said he's been unable to get public
assistance for the post-traumatic stress disorder he's developed. And
the courts have so far declined to award restitution for the bulk of
his losses.

Authorities won't help him, Steffens said, because he was growing
doctor-recommended marijuana, in full compliance with local guidelines.

"From the beginning I was denied services that would typically be
given to someone whose car was stolen," said Steffens, a card-carrying
medical pot user since 2003. "They just threw their hands in the air."

Steffens' case comes amid increasing controversy and confusion over
marijuana laws.

While state and local governments have approved possession of certain
amounts for medicinal purposes, marijuana remains illegal in the eyes
of the federal government.

The Drug Enforcement Administration this fall began raiding local pot
farms after the U.S. Attorney announced a crackdown on
distributors.

At the same time, violence connected to marijuana theft has mounted.
At least two Sonoma County homicides in 2011 are believed to be linked
to pot.

Whether victims of those crimes will receive all of the public
services offered to other crime victims remains an open question. And
whether they can get reimbursed for stolen marijuana is unclear.

Christine Cook, a spokeswoman for Sonoma County District Attorney Jill
Ravitch, said there's no blanket policy disqualifying victims who were
growing marijuana in compliance with local guidelines.

But to be eligible to receive compensation for out-of-pocket expenses
such as counseling, a victim must meet a list of criteria outlined by
state law, Cook said.

For instance, the person cannot have participated or contributed to
the underlying crime. They also must cooperate with law enforcement
and can't be convicted felons.

Cook did not say if Steffens was found to be ineligible.

"Our practice is to review each application to determine if they
qualify according to law," Cook said. "They have 45 days to appeal."

Gloria Eurotas, director of victims' service for the district
attorney, said no one is rejected because they are growing medical
pot.

"We can never say that because medical marijuana is involved in the
crime the victim is not eligible," Eurotas said.

But Steffens' attorney, Steve Spiegelman, said that's exactly what
happened with his client. He believes that because local government
programs are partly funded by federal grants, authorities won't help
anyone connected to marijuana.

"I think it's pretty clear that it's not covered," Spiegelman said.
"They have denied services."

Spiegelman will go to court Jan. 23 to ask Judge Gary Medvigy to
intervene.

In addition to getting expenses for treatment, Spiegelman is asking
for $18,000 for six pounds of stolen marijuana Steffens and another
person were growing that was never recovered.

It's a reasonable request, Spiegelman said, considering the courts
have ordered police to return marijuana in cases where criminal
charges were dismissed.

"You'd think it would be a slam-dunk for someone who had it stolen,"
Spiegelman said.

Marijuana advocates will be watching the outcome. Kris Hermes of
Oakland-based Americans for Safe Access said no one in the state has
been awarded restitution for stolen marijuana.

"It sounds like this is going to be an example for people to look at
as a case study," Hermes said. "If there is a fund for victims ...
they deserve compensation like anybody else."

Meanwhile, Steffens said the experience has made him reluctant to grow
pot at his West Dry Creek Road ranch to treat recurring neck pain.

Back in October 2009, four men barged in wearing police uniforms, tied
him up and beat him. They loaded a U-Haul trailer with his marijuana
and took off.

He got free and called 911. The men were quickly apprehended. Two of
the men are still serving prison sentences.

It was an incident that will remained seared in his memory forever. He
still suffers from insomnia and stress, he said.

"Now I don't grow anything because of this," Steffens said. "Instead I
have security cameras and two big dogs. It's scary."