MEDICAL POT SMOKERS SWAY CITY COUNCIL

Patients Say Policy Has Them Arrested Before Questioning

LONG BEACH - Hearing impassioned pleas from medical marijuana patients
and advocates, the City Council on Tuesday asked the Police Department
to change a policy that essentially requires officers who see
marijuana to arrest patients first and ask questions later. The
council asked the police to return by Sept. 14 with a proposed new
policy to eliminate what several residents said was unfair and
inhumane treatment of medical marijuana patients.

The city's police policy calls for officers who come across someone
with marijuana to seize any evidence and arrest or cite the person as
appropriate. Medical marijuana patients can then prove their cases in
court.

Proposition 215, passed by voters in 1996, makes it legal for patients
to possess or cultivate marijuana for medical use.

"We have not been following the law," said Councilman Dan Baker, who
called for the review with Councilman Val Lerch.

Since 2000, five medical marijuana patients have been arrested in Long
Beach.

Baker and Lerch called for the review after the council's Public
Safety Advisory Commission asked the council to get involved. The
advisory board heard months of testimony from residents who said the
police policy was at odds with the state law.

Council members heard emotional testimony from residents, including
several who have been arrested for possession or cultivation.

David Zink, the first Long Beach medical marijuana patient to be
arrested after Prop 215 took effect, said he was not satisfied with
the time frame for the new review. Zink's case for possession and
cultivation was eventually dismissed. But, he said, he spent about
$15,000 in legal fees, he said.

"I feel like this is another delay," he said. "They've had eight years
to come up with a reasonable policy."

Michael Barbee, who helped the San Diego City Council recently change
that city's similar police policy, said Long Beach needed to follow
suit. After studying the issue, San Diego settled on a policy to
require identification cards for residents taking marijuana for
medical purposes.

"We have police officers making medical decisions," Barbee said of
Long Beach's policy.

But police officials said that changing the policy isn't as easy as it
might appear.

Deputy Chief Robert Luna said the department would need to consult
with the Los Angeles district attorney's office as well as the Long
Beach city attorney and prosecutor to account for any liability a
policy change could bring.

In addition, he said, marijuana use has been the cause of property
crimes, violent crime and gang activity, making it difficult for
officers to differentiate between who has the right to use marijuana
legally. Although there have been five arrests for medical marijuana
since 2000, he said, there have been about 5,000 other
marijuana-related arrests over the same period.

"The police officer on the street is dealing with a lot of serious
issues," he said.

The request for a new policy passed on an 8-0 vote with Lerch
abstaining.

Lerch, whose wife suffers from multiple sclerosis, said he was too
emotionally attached to the issue to vote with an open mind.

"My wife will probably not use marijuana," he said. "But damn it, she
should have the right to do so."