County's Stance On Medical Marijuana Remains Up In The Air

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While San Bernardino County officials are still awaiting judicial direction for the state's medical marijuana laws, law enforcement's stance appears to have thawed recently on the controversial issue.

The county and its former sheriff, Gary Penrod, have long maintained that state laws created under the passage of Proposition 215 in 2006 run afoul of federal drug laws.

Officials with the Sheriff's Department still say there are conflicts between the state and federal laws, but they add that deputies have "some latitude" when faced with possible medical marijuana cases.

The issue arose last week when the District Attorney's Office dismissed marijuana-related charges against a Johnson Valley couple when their several dozen plants were deemed as "falling within the medical marijuana laws."

Assistant District Attorney Dennis Christy doesn't believe that his office's position has been altered. Instead, he points to medical marijuana guidelines issued in August by the state Attorney General's Office.

"I don't know that it's been a change," Christy said . "We are a county agency and subject to state law."

Felony charges relating to marijuana possession and sales were dismissed last Monday against Richard McCabe, 66, and his 75-year-old wife JoAnn Cates. However, Cates still pleaded guilty to possession of illegal mushrooms.

Prosecutors caution against applying the outcome of the McCabe/Cates case to others in the county, saying that each has its own set of facts.

Deciding between legitimate and criminal uses of marijuana while evaluating the cases can be tough sometimes.

"It's not always an easy call. It can be pretty difficult," Christy said. The guidelines aid prosecutors in making the right decision and help the public stay within Proposition 215's intended purpose, he said.

The law does not allow patients to grow medical marijuana and then give or sell it to others, according to the guidelines. Collectives can grow the drug, but they must be operated by patients or primary caregivers and for their own use, Christy explained.

Law enforcement is keeping a watchful eye for anyone trying to use the law to run a screen or scheme for distributing and selling marijuana. Persons running unlawful enterprises still face arrest.

The county Board of Supervisors has not said how it will handle issues like medical marijuana dispenseries, distribution to those dispenseries, and identification cards for patients.

The county has filed papers before the U.S. Supreme Court seeking guidance on the issue. Officials joined San Diego County in a 2006 lawsuit in which a judge ruled in favor of the state.

The state Court of Appeal affirmed the ruling, and the state Supreme Court declined to consider the county's further appeal. The county maintains it needs the direction from the court to move forward.

"That's why we keep appealling it, we're not getting the direction that we're looking for," said county spokesman David Wert.

A Superior Court case was filed in January by a Crestline man who wants to stop Sheriff's deputies from arresting medical marijuana users. The case comes before the court again Thursday in Needles.

The number of people impacted by the medical marijuana laws in the county is relatively small, officials with the Sheriff's Department say. It has no position on the issue and just wants direction on the conflict of laws.

"Whatever the Supreme Court says, we'll abide by it," said Lt. Rick Ells, a department spokesman.


News Hawk: User: http://www.420magazine.com/
Source: sbsun.com
Author: Mike Cruz
Copyright: 2009 Los Angeles Newspaper Group
Contact: Home - San Bernardino County Sun
Website: County's stance on medical marijuana remains up in the air - San Bernardino County Sun