SHERIFF MAINTAINS MEDICINAL MARIJUANA POLICY

The controversial and much debated issue of medicinal marijuana has long
caused confusion between federal and state laws. However, Tehama County
Sheriff Clay Parker's allegiance is clear, it rests with the voters of
California.

Currently eight states have laws that allow medicinal marijuana including:
Alaska, California, Hawaii, Maine, Nevada, Oregon, Washington and Wyoming.

On Nov. 5, 1996, California voters passed Proposition 215 or the
Compassionate Use Act, the act that later became Section 11362.5 of the
Health and Safety Code. Under the law, California residents with a
recommendation from a doctor can grow and maintain enough marijuana for
their personal medicinal usage free from prosecution.

The paradox with the state laws are that they clearly violate federal law
which deems marijuana to be a schedule one narcotic. Schedule one drugs are
designated as illegal narcotics that are not approved by the Federal Drug
Administration to treat any disease or condition.

Further complicating the issue is a Supreme Court decision in 2001 that
overruled the California Law. In U.S. vs. Oakland Cannabis Buyer's
Cooperative, the court said, "there is no medical necessity exception to
the prohibition at issue {LCB}in the Controlled Substances Act{RCB}, even
when the patient is 'seriously ill' and lacks alternative avenues for relief."

As a consequence of the law, public safety officials have been conflicted
on how to address medicinal users. Soon after the law was passed, the
California State Sheriff's Association asked California State Attorney
General Bill Lockyer for guidance regarding enforcement and came up empty
handed.

On Jan. 1, 2000, Parker took matters into his own hands and became the
first sheriff in the state to create and implement a policy regarding the
state law. According to Parker, at least half of the sheriffs in California
still have not set a policy, a practice that he says leaves everyone in an
ambiguous position.

The policy, which is available for viewing by the public, provides "set
guidelines on the quantity of plants to be legally possessed by the grower
who is in compliance with the Compassionate Use Act of 1996."

The sheriff says his motivation for the policy was to create a universal
system that would take the "heat" off of his deputies, by giving them
"universal" guidelines to follow.

"If you don't have a policy, then you really put your deputies in a bind,"
said Parker

According to the policy, its purpose is to "foster a positive relationship
and provide mutual cooperation between law enforcement and those complying"
with the law. It also establishes a "voluntary monitoring program" that
allows medicinal users to grow and use marijuana legally.

Parker also says that he is not in favor of legalizing marijuana in any
form, however, he is duty bound to honor the law enacted by California voters.

"We were all obviously against the law, because we've seen what drugs can
do to families," said Parker. "On the other hand, there's no way I can
ignore what the voters want."

The veteran sheriff pulls no punches on his feelings regarding drugs,
however, he says he has and will continue to follow the wishes of the
voting public.

"We're in a tough spot. The voters of California want this," said Parker.
"I'm absolutely against it but I have no choice."

In forming his policy, the sheriff contacted a person he called the most
chronic user in the county and gauged his yearly usage. The quantities were
formulated by estimating a medicinal use of a joint every two hours, 24
hours a day and 365 days a year. According to Parker, the policy is quite
lax and allows medicinal users with a recommendation from a doctor to grow
and use an ample amount of the drug for their personal use.

"We wanted to be fair to those who have the recommendation from their
doctor," said Parker.

Under the policy, medicinal users are allowed 18 seedlings, six flowering
plants, or three mature plants outdoors or six mature plants indoors. In
terms of dried marijuana, the user is allowed three pounds, a quantity that
Parker says is much more than is needed.

The policy further states that "if the quantities are not exceeded, the
documented medicinal marijuana cultivator and possessor is in compliance
with the standards set forth by this agency and the investigation will not
be submitted for prosecution."

Because of the sheriff's set policy, the Tehama County District Attorney's
Office has not had to form their own regulations regarding medicinal use.
According to District Attorney Gregg Cohen, his office addresses medicinal
marijuana matters on a case by case basis and admits that the "sheriff is
in the tough position."

Parker also noted that there is the occasion that a medicinal user is
arrested on other charges. In most of those instances, the suspect is asked
to store their medicinal marijuana before their arrest. However, there has
been the occasion that a detainee's medicinal stash was confiscated by the
department.

In those instances, the sheriff's office cannot legally return the drugs,
without the possibility of facing federal reprimands. Upon his or her
release, the medicinal user must go through the Tehama County Superior
Court, who can legally return the drugs if they see fit.

Such an instance occurred recently when Los Molinos resident and legal
medicinal marijuana user, J.W. Semon was arrested on assault charges. Upon
his entrance into the Tehama County Jail, deputies confiscated his
medicinal marijuana.

Semon, who has back problems and walks with a cane, later plead guilty to
misdemeanor assault. On his release from the jail, he was told he would
have to go before the judge in order to have it returned to him. He opted
not to and sheriff's deputies had him sign a waiver releasing the drugs for
eventual destruction.

Parker also says that while his department has a set policy, it only
pertains to officers under his command. Medicinal users can still be
arrested and prosecuted by other agencies, especially federal agencies that
do not recognize the California law and have a "zero tolerance" policy.

However, Parker did say that a federal raid on a medicinal user in Tehama
County would be unlikely because of his close working association with
other law enforcement agencies.

"We wouldn't see a federal raid on a medicinal user in Tehama County," said
Parker. "I have a good relationship with all the federal agencies."

Parker ended by saying that while his policy offers a solution in Tehama
County, the paradox will continue unless the federal legislature opts to
change marijuana's status as a schedule one drug. The Federal Drug
Enforcement Agency and Attorney General John Ashcroft have consistently and
recently denied requests to reschedule the drug.