MEDICAL MARIJUANA BACKERS, DA SPLIT

Passalacqua Accused of 'Petty' Pot Prosecutions

Sonoma County District Attorney Stephan Passalacqua is at odds with
medical marijuana activists, who were among his staunchest supporters
when he ran for office two years ago.

The activists say Passalacqua reneged on a campaign promise not to
prosecute medical marijuana cases.

Passalacqua denies the allegation, but abruptly canceled a meeting
last week with the Sonoma Alliance for Medical Marijuana after its
complaint became public.

In a six-page letter, the group pointedly accused the first-term
district attorney of "prosecuting petty medical marijuana cases that
have no business taking up court time and resources."

During his campaign, Passalacqua promised to "stop prosecuting
nonviolent crimes," singling out medical marijuana cases as an example.

He says he has kept the promise since taking office 17 months ago, and
was ready to discuss the issue at a meeting that was set for Friday.

"I called the meeting in good faith to receive their input,"
Passalacqua said. "However, based upon the inaccurate assertions in
their letter, I didn't feel the climate was appropriate to have a
meaningful discussion."

Eight Sonoma County residents who claim they use or grow marijuana for
medical purposes currently face felony charges brought by the district
attorney. Some had expired physician-approval cards or no cards at
all, while others allegedly exceeded the county's limit on how much
marijuana one person can grow.

Activists claim that the county narcotics task force, with the
district attorney's blessing, is cracking down on people based on
technicalities, in some cases seizing entire marijuana crops or
leaving too little to be of any benefit to medical users.

But Passalacqua said his views have been misrepresented, and
reiterated his support for Proposition 215, the 1996 initiative
allowing medicinal use of marijuana.

Passalacqua said the pending cases reflect prosecutors' doubts that
the defendants complied with of the law.

"If new information comes later we re-evaluate the case and look at
each one on its merits," he said. "We've done that. We have used our
discretion and we have dismissed cases."

But the activists contend that the fact charges were even filed is a
sign Passalacqua isn't the compassionate person he portrayed himself
as during his bid to unseat Mike Mullins in 2002.

"Are they going to get patients on any technicality or have compassion
and acknowledge simple human error and not drag people into court for
that?" asked Doc Knapp, a spokesman for the Sonoma Alliance for
Medical Marijuana.

The group has had ongoing meetings with lower level officials in the
District Attorney's Office as well as with Sheriff Bill Cogbill and
others in his department.

Friday's meeting was to include former San Francisco District Attorney
Terence Hallinan, who testified for the defense in a marijuana case
filed by Mullins. The defendant in that case was acquitted.

Hallinan, who accompanied the group for its meeting with Cogbill,
didn't return a call seeking comment.

Knapp, whose group has been at the forefront of the local medical
marijuana movement for several years, said the abrupt cancellation
doesn't mean activists are at a loggerheads with law
enforcement.

"The climate's always right to talk about sick and dying patients,"
Knapp said.

The issue is the latest skirmish over the state's medical marijuana
law, which has been criticized as vague and conflicts with federal
laws prohibiting the use of pot for any purpose.

Activists estimate Sonoma County has several thousand
physician-approved patients qualified to cultivate, obtain and possess
marijuana for their own use. About 450 people have registered with the
district attorney and the Sonoma County Medical Association under a
program that is supposed to keep them safe from prosecution.

Under a state law enacted last year, users or primary caregivers may
possess no more than eight ounces of dried marijuana. Additionally,
they may maintain no more than six mature and 12 immature marijuana
plants per qualified patient.

But the law, signed by former Gov. Gray Davis, also allows local
governments to set their own limits. Sonoma County allows up to three
pounds per year per user and up to 99 plants, limits that were in
place before the state law was passed.

Passalacqua said he is "evaluating" whether the limits need to be
lowered in Sonoma County, a view expressed by other law enforcement
officials.

"We do have a particular standard that we've enjoyed," Assistant
Sheriff Gary Zanolini said. "However, the state mandate is less than
the standard here. We have to come to some understanding."

Zanolini said the Sheriff's Department isn't targeting medical
marijuana users, calling the cases in question a small fraction of
drug enforcement efforts in Sonoma County.

"People get really focused on medical marijuana, thinking that's the
majority of claims out there. It really isn't," he said. "We've done a
better job of avoiding those."

Knapp's group opposes a reduction in allowed amounts and is vigorously
fighting to maintain the status quo.

"The three-pound guidelines we've had for three years turned out be a
formula that worked well," he said. "If we backtrack from that,
patients are going to be suffering or busted for producing the amount
they really need."

Among the pending Sonoma County cases, three people had expired
physician approvals. One had approval from an acupuncturist but not a
physician. In another case, two people obtained approvals after they
were charged with possession and cultivation.

The size of the crop was the main factor in two cases, one involving
Cazadero resident Nick Johnson, who says he is a provider for five
medical users.

Sheriff's deputies raided Johnson's home in October and confiscated
all but one of 99 mature pot plants after determining that the crop
exceeded 500 square feet -- 100 feet for each patient. The county
allows a maximum of 100 square feet.

"I had exceeded my limitations, maybe, but they were wrong in taking
everything," he said. "They shouldn't have taken all the plants."

A preliminary hearing is set for next month.

Despite the possibility of jail time, Johnson said he is growing
marijuana again while seeking to register with the district attorney.