Central Coast Compassionate Caregivers

SHERIFF SKIRTED STATE MARIJUANA LAW, CLAIM SAYS

Atascadero Woman Says Pat Hedges Invited Federal Authorities To Raid
Morro Bay Dispensary

By Sarah Arnquist

An Atascadero woman has accused Sheriff Pat Hedges of circumventing
state law by inviting federal drug enforcement officials to help
close a Morro Bay medical marijuana dispensary earlier this year.

Elaine McKellips, 55, filed a claim against the county and the
sheriff Oct. 11 on behalf of county residents such as herself who
have prescriptions for marijuana to alleviate symptoms of painful diseases.

Local deputies and federal Drug Enforcement Administration officials
raided the Central Coast Compassionate Caregivers marijuana
dispensary March 29. The raid resulted in the dispensary being ousted
by its landlord and a federal indictment of the co-op owner, Charles Lynch.

There are now no local dispensaries, creating access obstacles for
patients such as McKellips who do not drive, she said.

"I want to ensure that safe and legal access to medical cannabis is
available to patients in San Luis Obispo County," she said.

Marijuana is the only drug that McKellips said eases the nausea
caused by her chronic gastrointestinal disorders.

A claim must be filed in advance of a lawsuit to give the county an
opportunity to respond. Claims, like lawsuits, represent only one
side of an account.

Warren Jensen, chief deputy county counsel, said the claim is
probably an "overstatement of the law," but it is too early to say
how the county will respond by the Nov. 26 deadline.

"It's really complicated when you start looking at this," Jensen said.

Federal officials had the search warrant for this case and asked the
Sheriff's Department to assist, said Rob Bryn, department spokesman.

"We certainly believe we took appropriate action on this case, and I
believe the facts will bear that out," Bryn said.

Discrepancy in laws

At issue is the discrepancy between state and federal laws. Since
1996, California has permitted the use of marijuana for prescribed
medical purposes. Federal law forbids any possession or dispensing of
marijuana.

The California Attorney General's office recommended in 2005 that
local law enforcement "avoid effecting arrests on the sole basis of a
federal law violation."

San Luis Obispo County established a medical marijuana identification
card program last year, as called for by state law.

McKellips has an ID card from the county. In her claim, she states
that the Sheriff's Department began investigating Compassionate
Caregivers in March 2006, immediately after it opened.

When the sheriff was unable to obtain state search warrants, given
the case could not be prosecuted under state law, the claim says, he
approached the DEA without consulting Morro Bay officials or the
Board of Supervisors to raid and shut down the dispensary.

"By inviting the federal authorities to raid and shut down CCCC, the
sheriff cut off and denied access to legal medical cannabis to the
citizens of San Luis Obispo County," the claim says.

Following the raid, the DEA gave the Sheriff's Department the seized
evidence, including patient medical records, the claim says.
McKellips' claim demands the records be returned to the patients.

Lynch, the dispensary owner, pleaded not guilty in July to federal
charges of selling marijuana for profit and distributing it to minors.

Dozens of federal raids on medical marijuana dispensaries statewide
this year have forced many communities to confront the discrepancies
between state and federal law.

In Los Angeles, city police have cooperated with DEA officials on
dispensary raids in opposition to directions from some members of the
City Council.

Another dispensary is proposed to open in Templeton. The San Luis
Obispo County Planning Commission on Monday will reconsider the
1,450-square-foot cannabis coop planned at 3850 Ramada Drive.

A county ordinance allows such facilities in unincorporated inland
areas, such as Templeton, but prohibits them from operating in a
downtown business district or within 1,000 feet of any school,
library, playground, park or youth recreation area.

Hedges and Paso Robles police Chief Lisa Solomon oppose the plan.