Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
CA - Going against its own policy, the Angels Camp Police Department returned several containers of marijuana to a 21-year-old man in February who said he was falsely accused of possession, transportation and sales.
The man lives in Mountain Ranch and asked that his full name not be used, opting to be referred to only as “Frank.” He was pulled over by Officer Jim McKeon of the Angels Camp Police Department Nov. 22 in the Angels Town Center parking lot for expired registration on his vehicle, according to the police report.
Angels Camp Police Chief Dale Mendenhall said that Officer Chris Johnson arrived on the scene and smelled the odor of raw marijuana and saw some marijuana inside the car in plain sight.
When asked whether he had marijuana in the car, Frank told the officers that he did and had procured a valid recommendation from a physician that allowed him to have up to 3 pounds, the report said. Frank said that he did not give the officers permission to search his car and denies marijuana being in plain sight, adding that his medicine was sealed inside a scent-proof Mylar bag.
Frank's car was searched and four individual packages of marijuana were found in his trunk along with a digital scale and grinder, some cash and a flyer advertising a burgeoning medical marijuana collective, according to Mendenhall.
Calaveras County District Attorney Jeff Tuttle said that a scale, small packages of marijuana, cash and a pay-owe sheet are all signs his prosecutors look for when determining if an individual is selling marijuana.
Frank did have several small glass containers with a total of roughly 3 ounces of marijuana inside, a small grinder and a digital scale, the report said; however, he did not have a pay-owe sheet or large amounts of cash.
While in the past possession of such items was incriminating, that is no longer the case, according to Tom Liberty of San Andreas, organizer of Calaveras Patient Resources (a group that shares information about medical marijuana use and makes its goal to ask law enforcement to enforce California state law).
As dispensaries became commonplace and marijuana prices remained high, patients began carrying scales with them to make sure they didn't get ripped off, he continued.
He also said that many medical marijuana patients carry their medicine in separate containers because there are many different types of marijuana that have noticeably different effects.
In the parking lot Nov. 22, Frank was detained without arrest for several hours while officers asked him questions and waited for Detective Steve Avila to arrive from the Calaveras County Sheriff's Office, he said.
Frank said he told the officers numerous times that he was a legitimate medical marijuana patient, was not a drug dealer and was confused as to why he was being detained.
Liberty said that well-trained officers should have been able to determine that Frank was a medical patient and nothing more.
He pointed out what he said were the most obvious signs: The marijuana was stored inside glass containers instead of plastic baggies (the most common way marijuana is sold on the street); none of the marijuana was pre-weighed for sale; and it is extremely rare for a drug dealer to sell pre-ground pot on the street and there was a grinder with the marijuana in Frank's car.
“Either the police knowingly arrested a person who they knew was not guilty of what they were charging him with, or they are untrained to the point of not being able to distinguish legal personal use from sales,” Liberty said.
Mendenhall backed up his officers, stating that their actions were appropriate for the situation and adding that possession of marijuana is not legal – Proposition 215 just gives individuals a defense and the court will not prosecute someone who falls under the medical marijuana guidelines.
“Generally, in most cases they will not be arrested. If they are meeting the guidelines set forth and the doctor recommends a certain amount and they have that amount in their possession or close to that, it's a judgment call at that point,” he said.
Helping ACPD officers make that judgment call was Avila, who is involved with many marijuana cases in the county. After Avila finished the questioning, Frank was arrested and booked into the Calaveras County Jail, where he spent two days. The district attorney declined to press charges and Frank was released.
He then, with the help of Calaveras Patient Resources, initiated the process that would ultimately lead to the unprecedented return of his medical marijuana from ACPD without a court order.
Frank and Liberty both approached Mendenhall to request that he return the marijuana and were told it would not be done without a court order.
“The very last line of our policy states that no marijuana will be returned without a court order,” Mendenhall said.
In similar cases, police departments have argued that marijuana cannot be returned because it would violate federal guidelines because they would be returning an illegal substance.
Liberty said that he researched similar cases and knew he had the law on his side, adding that he was willing to hire an attorney if necessary.
“What the court found was that federal guidelines didn't have anything to do with anything and to keep this person's property would violate due process,” Liberty said, “So I knew that Frank had a legal right to his medicine.”
Liberty contacted the Angels Camp City Hall on Frank's behalf and his request reached the desk of the city's legal adviser. After reviewing the case, Richard Matranga recommended that the ACPD return Frank's medicine.
Though Mendenhall said he was adamantly opposed to doing so, he relented and followed Matranga's advice.
“He agreed with the D.A., finding that he (Frank) was within the scope (of the) compassionate use act and that we should return it,” Mendenhall said. “I disagree with them. If anybody violated any policies, it's me violating my own policy.
“I only know of one time when we returned the drugs. This one case may be the only case. As a rule, I'm not going to return the marijuana unless you've got a court order ordering me to do so.”
Liberty views the medical marijuana return as a victory for medical marijuana patients in Calaveras County and said he is pleased to see the police department following the law.
Looking back on the experience, Frank said that he still can hardly believe that his medical marijuana was returned.
“It was surprising because I really didn't think it would happen for me like that,” Frank said. “I feel like (I'm) not that significant in the county; I'm no one that special. I think that was a pretty big thing being the first one. I hope everybody notices that I did get it back and it wasn't illegal, and I hope someone learned something from this besides me.”
Tom Liberty of Mountain Ranch holds 3 ounces of marijuana that was returned to "Frank" by the Angels Camp Police Department. Enterprise photo by Joel Metzger
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: calaverasenterprise.com
Author: Joel Metzger
Copyright: 2010 Calaveras Enterprise
Contact: Calaveras Enterprise
Website: Calaveras Enterprise
• Thanks to MedicalNeed for submitting this article
The man lives in Mountain Ranch and asked that his full name not be used, opting to be referred to only as “Frank.” He was pulled over by Officer Jim McKeon of the Angels Camp Police Department Nov. 22 in the Angels Town Center parking lot for expired registration on his vehicle, according to the police report.
Angels Camp Police Chief Dale Mendenhall said that Officer Chris Johnson arrived on the scene and smelled the odor of raw marijuana and saw some marijuana inside the car in plain sight.
When asked whether he had marijuana in the car, Frank told the officers that he did and had procured a valid recommendation from a physician that allowed him to have up to 3 pounds, the report said. Frank said that he did not give the officers permission to search his car and denies marijuana being in plain sight, adding that his medicine was sealed inside a scent-proof Mylar bag.
Frank's car was searched and four individual packages of marijuana were found in his trunk along with a digital scale and grinder, some cash and a flyer advertising a burgeoning medical marijuana collective, according to Mendenhall.
Calaveras County District Attorney Jeff Tuttle said that a scale, small packages of marijuana, cash and a pay-owe sheet are all signs his prosecutors look for when determining if an individual is selling marijuana.
Frank did have several small glass containers with a total of roughly 3 ounces of marijuana inside, a small grinder and a digital scale, the report said; however, he did not have a pay-owe sheet or large amounts of cash.
While in the past possession of such items was incriminating, that is no longer the case, according to Tom Liberty of San Andreas, organizer of Calaveras Patient Resources (a group that shares information about medical marijuana use and makes its goal to ask law enforcement to enforce California state law).
As dispensaries became commonplace and marijuana prices remained high, patients began carrying scales with them to make sure they didn't get ripped off, he continued.
He also said that many medical marijuana patients carry their medicine in separate containers because there are many different types of marijuana that have noticeably different effects.
In the parking lot Nov. 22, Frank was detained without arrest for several hours while officers asked him questions and waited for Detective Steve Avila to arrive from the Calaveras County Sheriff's Office, he said.
Frank said he told the officers numerous times that he was a legitimate medical marijuana patient, was not a drug dealer and was confused as to why he was being detained.
Liberty said that well-trained officers should have been able to determine that Frank was a medical patient and nothing more.
He pointed out what he said were the most obvious signs: The marijuana was stored inside glass containers instead of plastic baggies (the most common way marijuana is sold on the street); none of the marijuana was pre-weighed for sale; and it is extremely rare for a drug dealer to sell pre-ground pot on the street and there was a grinder with the marijuana in Frank's car.
“Either the police knowingly arrested a person who they knew was not guilty of what they were charging him with, or they are untrained to the point of not being able to distinguish legal personal use from sales,” Liberty said.
Mendenhall backed up his officers, stating that their actions were appropriate for the situation and adding that possession of marijuana is not legal – Proposition 215 just gives individuals a defense and the court will not prosecute someone who falls under the medical marijuana guidelines.
“Generally, in most cases they will not be arrested. If they are meeting the guidelines set forth and the doctor recommends a certain amount and they have that amount in their possession or close to that, it's a judgment call at that point,” he said.
Helping ACPD officers make that judgment call was Avila, who is involved with many marijuana cases in the county. After Avila finished the questioning, Frank was arrested and booked into the Calaveras County Jail, where he spent two days. The district attorney declined to press charges and Frank was released.
He then, with the help of Calaveras Patient Resources, initiated the process that would ultimately lead to the unprecedented return of his medical marijuana from ACPD without a court order.
Frank and Liberty both approached Mendenhall to request that he return the marijuana and were told it would not be done without a court order.
“The very last line of our policy states that no marijuana will be returned without a court order,” Mendenhall said.
In similar cases, police departments have argued that marijuana cannot be returned because it would violate federal guidelines because they would be returning an illegal substance.
Liberty said that he researched similar cases and knew he had the law on his side, adding that he was willing to hire an attorney if necessary.
“What the court found was that federal guidelines didn't have anything to do with anything and to keep this person's property would violate due process,” Liberty said, “So I knew that Frank had a legal right to his medicine.”
Liberty contacted the Angels Camp City Hall on Frank's behalf and his request reached the desk of the city's legal adviser. After reviewing the case, Richard Matranga recommended that the ACPD return Frank's medicine.
Though Mendenhall said he was adamantly opposed to doing so, he relented and followed Matranga's advice.
“He agreed with the D.A., finding that he (Frank) was within the scope (of the) compassionate use act and that we should return it,” Mendenhall said. “I disagree with them. If anybody violated any policies, it's me violating my own policy.
“I only know of one time when we returned the drugs. This one case may be the only case. As a rule, I'm not going to return the marijuana unless you've got a court order ordering me to do so.”
Liberty views the medical marijuana return as a victory for medical marijuana patients in Calaveras County and said he is pleased to see the police department following the law.
Looking back on the experience, Frank said that he still can hardly believe that his medical marijuana was returned.
“It was surprising because I really didn't think it would happen for me like that,” Frank said. “I feel like (I'm) not that significant in the county; I'm no one that special. I think that was a pretty big thing being the first one. I hope everybody notices that I did get it back and it wasn't illegal, and I hope someone learned something from this besides me.”
Tom Liberty of Mountain Ranch holds 3 ounces of marijuana that was returned to "Frank" by the Angels Camp Police Department. Enterprise photo by Joel Metzger
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: calaverasenterprise.com
Author: Joel Metzger
Copyright: 2010 Calaveras Enterprise
Contact: Calaveras Enterprise
Website: Calaveras Enterprise
• Thanks to MedicalNeed for submitting this article
