MEDICAL MARIJUANA LAWS MUST BE UPHELD
by Stephen Munkelt, (Source:Union)
23 Aug 2008
California
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Sheriff Keith Royal and the Narcotics Task Force do not like the
medical marijuana laws. As confirmed "drug warriors," they believe in
the federal approach to pot: Criminalize everything and prevent
research into the medical benefits of marijuana use.
As recently as six months ago, the sheriff told me he was expecting
the state Supreme Court to find the medical marijuana laws
unconstitutional - even though the court approved the Compassionate
Use Act in 2002 ( in People v. Mower ) and the Medical Marijuana
Program act in 2006 ( in People v. Wright ). Not to mention that
over 60 percent of voters approved the Compassionate Use initiative in
1996.
Of course, people in law enforcement are entitled to have opinions
about the law. But they are sworn to uphold the law, and where there
is a strong bias, they might not apply or enforce the law as
intended.
In the case of the cultivation of medical marijuana, this leads to the
destruction of legally grown and possessed marijuana, as the task
force follows a "shoot first, ask questions later" approach.
The front-page article in The Union on Aug. 8 demonstrates the
problem. Plants were seized from gardens where medical
recommendations were posted, while the "investigation is continuing"
into whether the cultivation was legal, or not.
If it is ultimately shown that the plants were legally grown under
valid medical authorization, the sheriff will have the satisfaction of
having destroyed the property of an unspecified number of patients.
There is no practical method of compensating the patients for that
violation of their legal rights.
Even more disruptive and damaging are the arrests and felony charges
filed against medical marijuana patients. People sit in jail or have
to post bond, have to pay for attorneys, and make time for court. If
they prove a medical defense to the charges, in court or at trial,
they do not get a conviction on their record, but they aren't
reimbursed for their lost money and time.
The police bias is reflected in other ways in the same article. The
sheriff and task force said, "growing for others is a gray area" and
deny medical defenses for a "commercial operation." But the Medical
Marijuana Program authorizes "cooperative" cultivation and possession
by groups of authorized patients. It also legalizes sales of
marijuana between patients or through "dispensaries." So "commercial"
is OK under the law, but not with law enforcement.
Tragically, local authorities seem to be getting more aggressive about
marijuana enforcement, just as the law becomes more protective of
medical use and distribution. Innocent parties will continue to
suffer, at least until the police learn to accept the law. Even when
they don't like it.
In my practice, I often advise patients on the requirements for
legitimate cultivation and use of marijuana. They are trying to
comply with the law, in a way that will prevent seizure of the plants,
arrest and trial.
But in the present environment, I have to warn them there will always
be some risk that the Narcotics Task Force will pull up the plants and
make an arrest before confirming the legal status of their
activities. It is like having your car impounded and crushed by a
wrecker because an officer thinks the registration is expired - before
you even have time to show up with proof of registration.
So, when you see the sheriff's press release on some marijuana seizure
in The Union, remember that he is trying to sell his point of view -
and it may not be the law.
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MAP posted-by: Richard Lake
Pubdate: Sat, 23 Aug 2008
Source: Union, The (Grass Valley, CA)
Copyright: 2008 The Union
Contact: http://apps.theunion.com/utils/forms/lettertoeditor/
Website: http://www.theunion.com/
Details: http://www.mapinc.org/media/957
Author: Stephen Munkelt
Note: Stephen Munkelt is a lawyer who lives in Nevada County.
Cited: Sheriff Keith Royal http://new.mynevadacounty.com/sheriff/
Referenced: People v. Mower http://drugsense.org/url/VLPdh8zt
Referenced: People v. Wright http://drugsense.org/url/NPY1hMav
Bookmark: http://www.mapinc.org/topic/Compassionate+Use+Act
Bookmark: http://www.mapinc.org/mmj.htm
(Marijuana - Medicinal)
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