WAR ON DRUGS -- in Sacramento

T

The420Guy

Guest
For the past two years a Special Operations Drug Unit of Placer County
Sheriff Edward Bonner=B9s department has been conducting operations, as many
as 30 of them, in Sacramento County.

The recent outcome of this activity has resulted in a handful of civil
lawsuits against Placer County claiming unwarranted searches and violation
of constitutional rights of individuals whose homes were raided.

The subjects of the drug raids were accused of cultivating and using
marijuana despite the Medical Marijuana Act (Prop. 215) enacted by
California and Placer County voters in 1996.

What is going on here and why are Placer County agents working in
Sacramento? The interests here are why are Placer taxpayers subsidizing
police work in another county, using our jails to house and feed arrestees,
and prosecuting cases at county expense for another jurisdiction? Also,
under Proposition 215 persons with a doctor=B9s approval or prescription may
possess and use marijuana for treatment of health conditions they may have.
Federal law does not permit distribution of marijuana.

Were sheriff agents breaking one law (215) in order to enforce the federal
law?

The taxpayers=B9 interest in this matter is the liability judgments that may
arise from these lawsuits. The county is self-insured for $1million with an
insurance umbrella above that amount. But each lawsuit pertains to a first
million. It=B9s not cumulative.

The Medical Marijuana Act (215) did not specify any prescribed amount of
marijuana or plant cultivation limits. Some counties and cities have
determined and publicized the amounts they accept under 215. Nevada County
allows 10 plants. Sierra County permits 6 indoor plants and 3 outdoor
plants. City of Oakland approves of 148 plants. There is no general
agreement on an acceptable number, but if counties set and publicize the
medically acceptable number of plants, or pounds, that an individual may
have, then at least medical marijuana users will know when they will be fre=
e
of unreasonable searches and arrest. Such an agreement will have no legal
basis since 215 set no such number, but this arrangement would provide a
temporary issue settlement until the state legislature provides an answer.

Last year a legislative bill by John Vasconcellos to establish a program to
register medical marijuana users and provide them with an identity card suc=
h
as handicapped persons now have available. The program was voluntary, but i=
t
died in committee and for good reason. No citizen desires to give public
notice of an illness they may have and no one is ready to sign up that they
may be in violation of the federal law regarding marijuana use.

One Placer Drug Unit raid occurred in Roseville at the home of Lyman Sanbor=
n
and his wife, Grace, that they share with their mature son. Mr. Sanborn was
childhood chum of President Ronald Reagan. No evidence of any marijuana was
found at the home. This was also the case in several of the other drug
raids. Most medical marijuana users grow their own plants indoors. The
Sanborns have filed a one million lawsuit against Placer County.

The drug squad had been observing patrons of a nursery shop in Sacramento
called Green Fire. The store specializes in materials for hydroponics and
culture of orchids and other exotic plants. The younger Sanborn was observe=
d
attending the Green Fire store and the drug squad traced the residence
through Department of Motor Vehicles registration. Also, the Sanborn utilit=
y
energy use records were obtained to verify higher than normal electric use,
possibly for marijuana plant cultivation. It appears that a federal
narcotics agent, Richard Adams, of the IRS Criminal Investigation Division,
assisted with a federal subpoena to obtain the electric power data. So,
apparently the federal drug agency was working with Placer detectives.

Recently a medical marijuana case in neighboring El Dorado County ended wit=
h
a jury acquittal of the defendants, the Whitakers. Apparently their run-in
with El Dorado officials was because that sheriff considered the Whitakers
4.2 pounds of marijuana was more than necessary for personal use and that
they were probably selling it. This, generally, is the basis for drug
enforcement activities of Placer and Sacramento Counties as well. At the
Whitaker trial, it was noted that an on-going federal government study
allows patients 6.5 pounds of the drug per year.

The League interviewed Placer District Attorney Bradford Fenocchio and
Sheriff Edward Bonner regarding Placer County=B9s drug activities. Bonner
indicated that he and Sacramento deputy DA, Dale Kitching, had originally
engaged in a mutual aid pact but that Sacramento did not follow through due
to other commitments. Bonner indicated that his drug unit in no longer
working outside the county.

The League suggested that Mr. Fenocchio work with other law enforcement
units in Placer and establish a medical marijuana use amount that would not
be subject to house raids, and to publish the same. Fenocchio indicated tha=
t
he was already exploring this avenue and that some agreed upon amount would
be established in a few months. Fenocchio also agreed and indicated that he
would continue to consult with State Attorney General Lockyer and the
legislature to come up with a more formal response. The League suggested
that the DA and the sheriff=B9s department should reconsider their aggressive
medical marijuana program.

For those readers that are skeptical of medical marijuana uses, there is
substantial evidence of its efficacy for a number of medical problems. A
University of Vermont College of Medicine study indicates marijuana
compounds increase cerebral blood flow, enhance cirtrial activity (brain),
and kill respiratory pathogens, and provide inflammatory relief (arthritis)=
.

A Medical College of Virginia study provides evidence that marijuana is
beneficial to the cardiovascular system and a report of the Farmacologia
Departments, Naples, Italy, indicates that marijuana can be helpful in the
control of pain. Other studies have found that marijuana can have a
beneficial effect in overcoming the motor control (tics-etc.) problems foun=
d
with Tourette Syndrome.

Marijuana is a handed down legacy of the Beat Generation of the 50=B9s and th=
e
Hippies 60=B9s culture. Their guru, Timothy Leary and his motif, "Tune in,
turn on, drop out," established the drug as a pleasure, mind-expanding
experience. It got a bad rap. For medical users it can be a salvation. The
people of California have spoken. Let it be.


Pubdate: February 2001
Source: Tax Talk Bulletin (CA)
Copyright: League of Placer County Taxpayers
Contact: info@placertaxpayers.org
Address: PO BOX 4899, Auburn, CA 95604-4899
Website: https://www.placertaxpayers.org/
Phone: 916-763-1015
Author: Wally Reemelin, Taxpayers League President
Note: The 1,200 member League of Placer County Taxpayers is one of the mos=
t
influential organizations in Placer County.
 
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